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-
Agogo Karaoke Inc., operating as Agogo Karaoke
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO Kirsti Hunt, Vice-Chair, AGCO
Decision Date: February 10, 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 Agogo Karaoke Inc., Licensee ) Jerry Levitan, Representative
1A hearing into Notice of Proposal number 18306 dated October 15, 2010 to suspend liquor licence number 800384 (the "licence") issued to Agogo Karaoke Inc. (the "Licensee"), operating as AGOGO KARAOKE, 2101 Brimley Road, Unit 201, Toronto, Ontario, M1S 2B4, on the basis of alleged violations of subsection 45(1) and 45(2) of the Liquor Licence Act (the "LLA") and section 29 of Ontario Regulation 719/90 (the "O.Reg") made pursuant to the LLA, and Notice of Proposal number 18196 dated July 26, 2010 to suspend the licence on the basis of alleged violations of clause 6(2)(e) and subsections 45(1) and 45(2) of the LLA and sections 29, 43, 52, subsection 45(1), and clause 50(c), all of the O.Reg was held on January 24, 2011 in the City of Toronto.
2Ms 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 as well as a consent to include in this hearing infractions occurring on August 14, 2010. It was agreed and admitted that:
On January 31, 2010, at approximately 3:05 a.m., officers attended the licensed premises to conduct a routine inspection but were unable to enter the premises as the door was locked. The door was unlocked several minutes later. Serving staff was removing the signs of service and consumption.
On June 2, 2009, Wen Hao Chen ("Chen") filed a Personal History Form with the AGCO as part of an application for a liquor licence for Agogo Karaoke. In the Personal History Form, Chen advised that he is a manager of Agogo Karaoke. Further, he advised that he had never held a liquor licence in Ontario and that he had never had a liquor licence suspended. In fact, at that time Chen was the licensee of record for Colonel Mustard's Pub and Grill, licence number 805872, and that licnece was suspended for 7 days from April 16, 2009.
Further that, on March 21, 2010, at approximately 1:22 a.m., there were approximately 27 persons in an area licensed for 15 persons. There was a drunk person in the licensed establishment. The exit door in the kitchen was obstructed. The complete liquor licence was not prominently displayed.
Further that, on April 10, 2010, at approximately 7:30 p.m., the licence holder obstructed a person carrying out an inspection when he did not provide a report of sales and copy of security tapes to Inspectors. At a previous inspection, AGCO Inspectors requested that a report of sales and copy of security tapes be provided to the AGCO by 7:30 p.m. on April 10, 2010.
Further, that on April 18, 2010 at approximately 2:48 a.m., the signs of service and consumption were not yet cleared.
Further, that on August 14, 2010, at approximately 1:40 a.m., there were approximately 18 persons in an area licensed for 15 persons. There were approximately 19 persons in an area licensed for 8 persons. There were approximately 9 persons in an area licensed for 8 persons.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached clause 6(2)(e) and subsection 45(1) and 45(2) of the LLA and clause 50(c) and section 29, 43, 52 and subsection 45(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegation in Notice of Proposal number 18196.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 800384 (the "licence") issued to Agogo Karaoke Inc., operating as AGOGO KARAOKE, 2101 Brimley Road, Unit 201, Toronto, Ontario, M1S 2B4, be SUSPENDED for THIRTY (30) consecutive days to COMMENCE at 11:00 a.m. on March 21, 2011 and CONTINUE until 2:00 a.m. on April 20, 2011.
DATED AT TORONTO THIS 10 DAY OF FEBRUARY , 2011.
PATRICIA McQUAID, VICE-CHAIR, AGCO KIRSTI HUNT, VICE-CHAIR, AGCO
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, C.L.19, S. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE
OF AGOGO KARAOKE INC. OPERATING AS
AGOGO KARAOKE, 2101 BRIMLEY ROAD, UNIT 201, TORONTO
LICENCE NUMBER 800384
(A) AGREED STATEMENT OF FACTS
The Licensee, after consultation with counsel, and the Registrar agree to the following facts:
On January 31, 2010, at approximately 3:05 a.m., officers attended the licensed premises to conduct a routine inspection but were unable to enter the premises as the door was locked. The door was unlocked several minutes later. Serving staff was removing the signs of service and consumption.
Based on the facts in paragraph 1, the licence holder admits to the following violations in paragraphs 3 through 5:
Contrary to subsection 45(1) of the LLA, the licence holder obstructed a person carrying out an inspection under the Act.
Contrary to subsection 45(2) of the LLA, the licence holder failed to facilitate an inspection relevant to the licence.
Contrary to section 29 of Regulation 719 of Revised Regulations of Ontario, 1990 under the LLA, the licence holder failed to clear the signs of service and consumption in the licensed premises within 45 minutes after the end of the period during which liquor may be sold and served under the licence.
On June 2, 2009, Wen Hao Chen ("Chen") filed a Personal History Form with the AGCO as part of an application for a liquor licence for Agogo Karaoke. In the Personal History Form, Chen advised that he is a manager of Agogo Karaoke. Further, he advised that he had never held a liquor licence in Ontario and that he had never had a liquor licence suspended. In fact, at that time Chen was the Licensee of record for Colonel Mustard's Pub and Grill, licence number 805872, and that licence was suspended for 7 days from April 16, 2009.
Further that, on March 21, 2010, at approximately 1:22 a.m., there were approximately 27 persons in an area licensed for 15 persons. There was a drunk person in the licensed establishment. The exit door in the kitchen was obstructed. The complete liquor licence was not prominently displayed.
Further that, on April 10, 2010, at approximately 7:30 p.m., the licence holder obstructed a person carrying out an inspection when he did not provide a report of sales and copy of security tapes to Inspectors. At a previous inspection, AGCO Inspectors requested that a report of sales and copy of security tapes be provided to the AGCO by 7:30 p.m. on April 10, 2010.
Further, that on April 18, 2010 at approximately 2:48 a.m., the signs of service and consumption were not yet cleared.
Further, that on August 14, 2010, at approximately 1:40 a.m., there were approximately 18 persons in an area licensed for 15 persons. There were approximately 19 persons in an area licensed for 8 persons. There were approximately 9 persons in an area licensed for 8 persons.
Based on the facts in paragraphs 6 to 10, the licence holder admits to the following violations in paragraphs 13 through 20:
Contrary to clause 6(2)(e) of the LLA, an employee of the Licensee provided false information in an application under the LLA.
Contrary to section 43 of O.Reg 719/90 under the LLA, the licence holder failed to ensure that the number of persons on the premises to which the licence applies, including employees of the licence holder, did not exceed the capacity of the licensed premises as stated on the licence.
Contrary to subsection 45(1) of O.Reg 719/90 under the LLA, the licence holder permitted drunkenness, or riotous, quarrelsome, violent or disorderly conduct to occur on the premises or in the adjacent washrooms, liquor and food preparation areas and storage areas under the exclusive control of the licence holder.
Contrary to section 52 of O.Reg 719/90 under the LLA, the licence holder failed to post the licence in a conspicuous place in the premises to which the licence applies.
Contrary to clause 50(c) of O.Reg 719/90 under the LLA, the licence holder has failed to ensure that the premises complies with the Fire Protection & Prevention Act respecting the use of the premises.
Contrary to subsection 45(1) of the LLA, the licence holder obstructed a person carrying out an inspection under the Act.
Contrary to subsection 45(2) of the LLA, the licence holder failed to facilitate an inspection relevant to the licence.
Contrary to section 29 of O.Reg 719/90 under the LLA, the licence holder failed to clear the signs of service and consumption in the licensed premises within 45 minutes after the end of the period during which liquor may be sold and served under the licence.
Contrary to section 43 of O.Reg 719/90 under the LLA, the licence holder failed to ensure that the number of persons on the premises to which the licence applies, including employees of the licence holder, did not exceed the capacity of the licensed premises as stated on the licence.
(B) Consent to Amendment of Notice of Proposal Numbers 18306 and 18196
Registrar's counsel proposes and the Licence Holder consents to the amendment of Notice of Proposal 18306 and 18196 to cite matters in the Agreed Statement of Facts and the Joint Submission Regarding Disciplinary Action to include infractions that occurred on August 14, 2010.
(C) 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. 800384 for a period of 30 days commencing at 11:00 a.m. on Monday, March 21, 2011 and ending at 2:00 a.m. on Wednesday, April 20, 2011.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 24TH DAY OF JANUARY, 2011.
RESPECTFULLY SUBMITTED,
FENG LIN TAMARA BROOKS for Registrar's Counsel
Licensee