ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The:
Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission of Ontario Registrar
-and-
1730382 Ontario Limited operating as Liquid Lounge Bar Licensee
DECISION
Panel: Kirsti Hunt, Board Member Allan Higdon, Board Member
Decision Date: February 1, 2011
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto, Ontario M2N 0A4 Phone (416) 326-0366 Fax (416) 326-5566 Toll Free in Ontario: 1-800-522-2876 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Tamara Brooks, Representative 1730382 Ontario Limited, Licensee ) Jerry Levitan, Representative
[1]. A hearing into Notice of Proposal number 18111 dated September 20, 2010 to suspend liquor licence number 25102 (the “licence”) issued to 1730382 Ontario Limited (the “Licensee”), operating as LIQUID LOUNGE BAR, 1780 Albion Road, Unit 3 & 4, Etobicoke, Ontario, M9V 1C1, on the basis of an alleged violation of subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act (the “LLA”) was held on January 25, 2011 in the City of Toronto.
[2]. Ms Brooks and Mr. Levitan submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision. It was agreed and admitted that:
On February 6, 2010, a drunk patron was in the licensed establishment.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O.Reg.
Order
[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 25102 (the “licence”) issued to 1730382 Ontario Limited operating as LIQUID LOUNGE BAR, 1780 Albion Road, Unit 3 & 4, Etobicoke, Ontario, M9V 1C1, be SUSPENDED for NINE (9) consecutive days to COMMENCE at 11:00 a.m. on February 15, 2011, and CONTINUE until 2:00 a.m. on February 24, 2011.
DATED AT TORONTO THIS 1st DAY OF FEBRUARY , 2011.
KIRSTI HUNT, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, chapter L.19, subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF 1730382 ONTARIO LIMITED OPERATING AS LIQUID LOUNGE BAR LICENCE NUMBER 18111
A. AGREED STATEMENT OF FACTS
The Licence Holder, who is represented by counsel, and Registrar’s Counsel agree to the following:
On February 6, 2010, a drunk patron was in the licensed establishment.
Based on the facts in paragraph 1, the licnece holder admits to a violation of subsection 45(1) of Ontario Regulation 719/90 under the LLA.
B. JOINT SUBMISSION ON DISPOSITION
The Licensee, after consultation with counsel, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
- The Board shall suspend licence no. 25102 for a period of NINE (9) days to start at 11:00 a.m. on Tuesday, February 15, 2011 and continue consecutively until 2 a.m. on Thursday, February 24, 2011.
ALL OF WHICH IS RESPECTFULLY SUBMITTED.
DATED AT Toronto this 25th day of January, 2011.
Indroutie (Annie) Challu Tamara Brooks for Licensee Registrar’s Counsel