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-
1211998 Ontario Limited operating as Karma
Licensee
DECISION
Panel: Beryl Ford, Board Member
Decision Date: June 7, 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 ) Aviva Harari, Representative 1211998 Ontario Limited, Licensee ) George Radojcic, Representative
A teleconference hearing into Notice of Proposal number 18512 dated February 2, 2011 to suspend liquor licence number 805757 (the “licence”) issued to 1211998 Ontario Limited (the “Licensee”), operating as KARMA, 55 St. Paul Street, St. Catherines, Ontario, L2R 3M3, 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 May 30, 2011.
Ms Harari and Mr. Radojcic submitted an Agreement (Exhibit #1) which forms part of this decision. It was agreed and admitted that:
On April 24, 2010, the licence holder permitted disorderly conduct to occur in the licensed premises.
- Based on the Agreement, the Board found the Licensee breached subsection 45(1) of the O.Reg.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 805757 issued to 1211998 Ontario Limited, operating as KARMA, 55 St. Paul Street, St. Catherines, Ontario, L2R 3M3, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on June 13, 2011, and CONTINUE until 2:00 a.m. on June 23, 2011.
DATED AT TORONTO THIS 7th DAY OF JUNE , 2011.
BERYL FORD, 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
1211998 ONTARIO LIMITED
OPERATING AS KARMA
LICENCE NUMBER 805757
NOTICE OF PROPOSAL NUMBER 18512
AGREEMENT
A. Independent Legal Advice
The Licence Holder acknowledges that the Licence Holder has consulted with legal counsel and has obtained independent legal advice prior to entering into this Agreement.
B. Agreed Facts
The Licence Holder and Registrar’s Counsel agree to the following:
On April 24, 2010, the licence holder permitted disorderly conduct to occur in the licensed premises.
Based on the fact in paragraph 1, the licence holder admits to violations of section 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
C. Agreement on Disposition
The Licence Holder and Registrar’s Counsel agree to the imposition of the following disposition based on the Agreed Facts:
- A ten (10) day suspension of the liquor licence to start at 11:00 a.m. on Monday, June 13, 2011 and continue consecutively until 2:00 a.m. on Thursday, June 23, 2011.
D. Consent to Amendment of Notice of Proposal Number 18512
Registrar’s Counsel and the Licence Holder consent to the amendment of the aforementioned Notice of Proposal to cite only those matters in the Agreed Facts and Agreement on Disposition. All other allegations in the original Notice of Proposal number 18512, dated February 2nd, 2011, are withdrawn.
E. Request for Hearing
Based on this Agreement, the Licence Holder admits the violations, accepts the disposition cited in this Agreement, consents to the amendment of Notice of Proposal number 18512 and does not request a hearing in the matter of the aforementioned Notice of Proposal.
Dated in Niagara Falls this 27th day of May, 2011.
______________________
Alfonzina Grottola
Aviva R. Harari, Counsel for The Registrar of Alcohol and Gaming
The Deputy Registrar has reviewed the above noted Agreement and amends Notice of Proposal number 18512 to reflect this Agreement.
Tom Mungham Deputy Registrar of Alcohol and Gaming