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-
J & K Inc. operating as Coconuts Restaurant & Lounge
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO Jacqueline Castel, Board Member
Decision Date: March 11, 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 ) Rena Khan, Representative
J & K Inc., Licensee ) Dhaman Kissoon, Representative
A hearing into Notice of Proposal number 18123 dated June 4, 2010 to suspend liquor licence number 200504 (the "licence") issued to J & K Inc. (the "Licensee"), operating as COCONUTS RESTAURANT & LOUNGE, 2180 Steeles Avenue West, Unit 14, Concord, Ontario, L4K 2Z5 on the basis of alleged violations of subsection 30(4) of the Liquor Licence Act (the "LLA") and subsections 33(1) and 41(1) of Ontario Regulation 719/90 (the "O.Reg") made pursuant to the LLA, was held on February 24, 2011 in the City of Toronto.
Ms Khan and Mr. Kissoon 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:
The Licensee failed to verify the identity of the minors prior to alcohol service. One of the minors admitted to being 18 years of age. Further, the minors were consuming liquor they had brought into the establishment.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached sections 33(1) and 41(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegation.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 200504 issued to J & K Inc., operating as COCONUTS RESTAURANT & LOUNGE, 2180 Steeles Avenue West, Unit 14, Concord, Ontario L4K 2Z5, be SUSPENDED for FOUR (4) consecutive days to COMMENCE at 11:00 a.m. on May 9, 2011, and CONTINUE until 2:00 a.m. on May 13, 2010.
DATED AT TORONTO THIS 11th DAY OF March , 2011.
PATRICIA MCQUAID, VICE-CHAIR JACQUELINE CASTEL, 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 J & K INC. OPERATING AS COCONUTS RESTAURANT & LOUNGE
LICENCE NUMBER 200504
NOTICE OF PROPOSAL 18123
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel, and the Registrar's counsel agree to the following:
The Licensee failed to verify the identity of the minors prior to alcohol service. One of the minors admitted to be 18 years of age.
Further that, the minors were consuming liquor they had brought into the establishment.
Based on the facts in paragraph 1 and 2, the licence holder admits to violations of sections 41(1) and 33(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
Joint Submission Regarding Disposition
The Licence Holder, having consulted with legal counsel, and the Registrar's counsel submit that the following disposition is appropriate in these circumstances:
A four (4) day suspension of the liquor licence to be served before May 24, 2011. The Licensee will provide dates for which the suspension will be served, to the Board within 7 days of the date of this agreement.
Should the Board make the findings as submitted and impose the disposition as recommended, then Registrar's counsel will withdraw the remaining allegations in Notice of Proposal number 18123 dated June 4, 2010.
Dated at Toronto this 24th day of February, 2011
For the licence holder Rena Khan
For the Registrar of Alcohol and Gaming