LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: JOHNNY SHOTZ BILLIARDS AND CAFÉ
13037 Tecumseh Road East
Tecumseh, Ontario
N8N 3T4
Licensee: 1128628 Ontario Limited
Licence Number: 804221
Notice of Proposal: To SUSPEND a licence
Dated October 6, 2006
The Proposal alleges that:
Contrary to section 43 of Ontario Regulation 719/90 under the Liquor Licence Act, 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, does not exceed the capacity of the licensed premises as stated on the licence.
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, 3rd Floor
Toronto, Ontario
M2N 0A4
January 16, 2007
Presiding
Board Member: Alex McCauley, Member
Counsel for the
Registrar: Phillip Morris
Counsel for the
Licensee: Robert Dipietro
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 teleconference hearing on June 16, 2007 pursuant to a Notice of Proposal dated October 6, 2006 to suspend the licence issued to 1128628 Ontario Limited for premises operating as JOHNNY SHOTZ BILLIARDS AND CAFÉ, 13037 Tecumseh Road East, Tecumseh, Ontario, N8N 3T4, licence number 804221;
AND WHEREAS the corporate licensee was represented by legal counsel, Robert Dipietro;
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 Robert Dipietro, counsel for 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 August 17, 2006, there were 95 people in an area licensed for 50 people.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under section 43 of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act.
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1128628 Ontario Limited for premises operating as JOHNNY SHOTZ BILLIARDS AND CAFÉ, 13037 Tecumseh Road East, Tecumseh, Ontario, N8N 3T4, licence number 804221, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on March 4, 2007 and CONTINUE until 2:00 a.m. on March 14, 2007.
DATED AT TORONTO THIS DAY OF 2007.
____________________________________
ALEX MCCAULEY, BOARD MEMBER
AM/sm
Attachment.
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
1128628 ONTARIO LIMITED OPERATING AS JOHNNY SHOTZ BILLIARDS AND CAFÉ, 13037 TECHUMSEH ROAD E., TECUMSEH
LICENCE NO. 8042221
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED OCTOBER 6, 2006
________________________________________________________________
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On August 17, 2006, there were 95 people in an area licensed for 50 people.
Based on paragraph 1, the licensee breached s. 43 of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission.
The licensee was suspended for 16 days in 2006 for breaches of the Liquor Licence Act and regulations.
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. 804221 for a period of 10 days.
The Board having accepted the Agreed Statement of Facts and the joint Submission on Disposition, the Registrar withdraws all remaining allegation in the Notice of Proposal.
DATED AT TORONTO THIS 29TH DAY OF DECEMBER, 2006.
RESPECTFULLY SUBMITTED
Shane Meloche Phillip Morris
For Registrar’s Counsel
licensee