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-
2172392 Ontario Inc. operating as Vola
Licensee
DECISION
Panel: Brian J. Ford, Board Member Allan Higdon, Board Member
Decision Date: June 30, 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 2172392 Ontario Inc., Licensee ) Jerry Levitan, Representative
A hearing into Notice of Proposal number 18559 dated February 28, 2011 to suspend liquor licence number 804312 (the "licence") issued to 2172392 Ontario Inc. (the "Licensee"), operating as VOLA, 214/216 Adelaide Street West, Toronto, Ontario, M5H 1W7 (the "premises"), on the basis of an alleged violation of a condition on the licence, was held on June 20, 2011 in the City of Toronto.
Ms Harari 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:
a. On December 18, 2010, security persons at the licensed premises failed to use a metal detector on persons entering the facility.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached a condition on the licence.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 804312 issued to 2172392 Ontario Inc., operating as VOLA, 214/216 Adelaide Street West, Toronto, Ontario, M5H 1W7, be SUSPENDED for NINE (9) consecutive days to COMMENCE at 11:00 a.m. on September 6, 2011, and CONTINUE until 2:00 a.m. on September 15, 2011.
DATED AT TORONTO THIS 30th DAY OF June , 2011.
BRIAN J. FORD, 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
2172392 ONTARIO INC.
OPERATING AS VOLA,
LICENCE NUMBER 804312
NOTICE OF PROPOSAL NUMBER 18559
AGREED STATEMENT OF FACTS
The Licensee, after consultation with counsel, and the Registrar agree to the following facts:
The Licence Holder and Registrar's Counsel agree to the following:
(1) The following condition(s) of the liquor sales licence were breached:
"7. The Licensee shall ensure that every entrance to the premises is staffed with at least one security person equipped with a metal detector and that the device is used on every person entering the facility with no exception."
On December 18, 2010, security persons at the licensed premises failed to use a metal detector on persons entering the facility.
- Based on the facts in paragraph 1, the Licensee holder admits to the breach of condition.
JOINT SUBMISSION ON DISPOSITION
The Licence Holder and Registrar's Counsel agree to the imposition of the following disposition based on the Agreed Facts:
- A nine (9) day suspension of the liquor licence to start at 11:00 a.m. on Tuesday, September 6, 2011 and continue consecutively until 2:00 a.m. on Thursday, September 15, 2011
Dated in Toronto this 20th day of June, 2011
Terrance Ming Yan Lam
For the Licence Holder
"I have authority to bind the corporate licensee"
Aviva R. Harari Counsel for
the Registrar of Alcohol and Gaming