LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: GEORGETOWN SPORTS PUB (THE) 1159 Bank Street Ottawa, Ontario K1S 3X7
Licensee: 2066020 Ontario Ltd. Licence Number: 23849 Notice of Proposal: To SUSPEND a licence Dated: July 28, 2006
The Proposal alleges that:
(a) contrary to subsection 34 (1) of Ontario Regulation 719/90 under the Liquor Licence Act (the "O.Reg."), the licence holder permitted a patron to remove liquor from the licensed premises.
(b) contrary to subsection 53 of O.Reg., the licence holder failed to make available lists describing: (i) the varieties of liquor available for sale; (ii) the amount of liquor in each type of drink offered for sale; (iii) the varieties of non-alcoholic beverages available for sale; (iv) the purchase price of the food, liquor and non-alcoholic beverages.
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Ave. E., 3rd Floor Toronto, Ontario M2N 0A4 Via Teleconference January 4, 2007
Presiding Board Member: Alex McCauley, Member
Agent for the Registrar: Sujin Chan, Student at Law
Attendance: Daniel George, for the corporate licensee
Exhibits: #1 Agreed Statement of Facts #2 Joint Submission on Disposition
D E C I S I O N and O R D E R
WHEREAS the Board of the Alcohol and Gaming Commission of Ontario ("AGCO") held a hearing via teleconference on January 4, 2007, pursuant to a Notice of Proposal dated July 28, 2006 to suspend the liquor licence issued to 2066020 Ontario Ltd. for premises operating as Georgetown Sports Pub (The), 1159 Bank Street, Ottawa, Ontario, K1S 3X7, licence number 23849;
AND WHEREAS Daniel George, appeared on behalf of the corporate licensee and waived its right to be represented by legal counsel;
AND WHEREAS the hearing proceeded by way of a written Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) submitted by the Counsel for the Registrar and Daniel George, appearing on behalf of the corporate licensee, which are attached hereto and form part of this decision. With reference to the particulars of the allegations, it was agreed and admitted that:
On February 23, 2006, two patrons removed liquor from the licensed premises to the unlicensed sidewalk.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 34 (1) of O. Reg. The Board accepted the withdrawal of the remaining allegation in the Notice of Proposal dated July 28, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 2066020 Ontario Ltd. for premises operating as Georgetown Sports Pub (The), 1159 Bank Street, Ottawa, Ontario, K1S 3X7, licence number 23849 be SUSPENDED for TWO (2) consecutive days to COMMENCE at 11:00 a.m. on February 13, 2007, and CONTINUE until 2:00 a.m. on February 15, 2007.
DATED AT TORONTO THIS DAY OF 2007.
___________________________________
ALEX MCCAULEY, BOARD MEMBER
AM/mw
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 2066020 ONTARIO LTD. OPERATING AS GEORGETOWN SPORTS PUB (THE), 1159 BANK STREET, OTTAWA, LICENCE NUMBER 23849
AGREED STATEMENT OF FACTS
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder's right to legal counsel and having declined that right and agreed to proceed without legal counsel, and Registrar's Agent agree to the following:
On February 23, 2006, two patrons removed liquor from the licensed premises to the unlicensed sidewalk.
Based on the facts in paragraph 1, the licence holder admits to a violation of section 34 (1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has no prior record of discipline with the Commission.
JOINT SUBMISSIONS ON DISPOSITION
The Licence holder, who is not represented by legal counsel but who has been advised of the licence holder's right to legal counsel and has declined that right and agreed to proceed without legal counsel, and Registrar's Agent submit that the following disposition is appropriate in these circumstances:
A two (2) day suspension of the liquor licence.
Should the Board accept this Agreed Statement of Facts and order the Joint Submissions on Disposition as set out herein, then the Registrar shall withdraw all remaining allegations as set out in the Notice of Proposal 14385 dated July 28, 2006.
Dated in Toronto this 22nd day of December, 2006.
__________________________________ __________________________________
Charles Daniel George Sujin Chan for the licence holder Agent for the Registrar of the AGCO
"I have the authority to bind the corporation"