LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: CADILLAC TAVERN 101 Talbot Street Blenheim, Ontario N0P 1A0
Licensee: 1528433 Ontario Limited Licence Number: 92332
Notice of Proposal: To SUSPEND a licence Dated May 23, 2006
Notice of Proposal: To SUSPEND a licence Dated January 23, 2007
The Proposals allege that:
(a) Contrary to subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder permitted drunkenness or riotous, quarrelsome, violent or disorderly conduct to occur on the licensed premises or in the areas under the control of the licence holder.
(b) Contrary to subsection 30(4) of the Liquor Licence Act, the licensee or the licensee’s employee or agent permitted a person who appeared to be under the age of 19 years to have or consume liquor in the licensed premises.
(c) Contrary to subsection 41(1) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to inspect a piece of identification of a person apparently under the age of 19 years prior to selling or serving liquor to that person.
(d) Contrary to section 29 of the Liquor Licence Act, liquor was permitted to be sold or supplied to a person who was or appeared to be intoxicated.
Hearing: Wheels Inn - Chatham 615 Richmond Street Chatham, Ontario N7M 5K8 March 6, 2007
Presiding Board Members: Allan Higdon, Member Guy Maurice, Member
Counsel for the Registrar: Brad Alton Counsel for the Licensee: Mark Michael MacKew
Attendance: Vlado Perin, sole officer, director and shareholder of the licensee corporation
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 on March 6, 2007, pursuant to a Notices of Proposal dated May 23, 2006 and January 23, 2007 to suspend the liquor licence issued to 1528433 Ontario Limited for premises operating as CADILLAC TAVERN, 101 Talbot Street, Blenheim, Ontario, N0P 1A0, licence number 92332;
AND WHEREAS the corporate licensee was represented by legal counsel, Mark Michael MacKew;
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 counsel for the Registrar and Mark Michael MacKew, acting 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:
An inspection on March 29, 2006, found drunken patrons in the licensed premises. An inspection on September 17, 2006, found a drunken patron in the licensed premises.
An inspection on September 17, 2006, found that a minor was served liquor and was consuming liquor in the licensed premises in spite of her intoxicated condition.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under section 29 and subsection 30(4) of the Liquor Licence Act and subsection 45(1) of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act. The Board accepted the withdrawal of the remaining allegations contained in the Notices of Proposal dated May 23, 2006 and January 23, 2007;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1528433 Ontario Limited for premises operating as CADILLAC TAVERN, 101 Talbot Street, Blenheim, Ontario, N0P 1A0, licence number 92332, be SUSPENDED for TWENTY-ONE (21) consecutive days to COMMENCE at 11:00 a.m. on April 8, 2007 and CONTINUE until 2:00 a.m. on April 29, 2007.
DATED AT TORONTO THIS 21ST DAY OF MARCH, 2007.
GUY MAURICE, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER
GM/sm
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 1528433 ONTARIO LIMITED, OPERATING AS CADILLAC TAVERN, 101 TALBOT STREET, BLENHEIM LICENCE NUMBER 0092332
NOTICE OF PROPOSAL NUMBER 14103 & 14872
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel and Registrar’s Counsel agree to the following with respect to the Notice of Proposal to Suspend a Licence dated May 23, 2006 and January 23, 2007:
An inspection on March 29, 2006, found drunken patrons in the licensed premises. An inspection on September 17, 2006, found a drunken patron in the licensed premises.
Based on the facts in paragraph 1, the Licence Holder admits to violations of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
An inspection on September 17, 2006, found that a minor was served liquor and was consuming liquor in the licensed premises in spite of her intoxicated condition.
Based on the facts in paragraph 1, the Licence Holder admits to violations of section 29 of the Liquor Licence Act and subsection 30(4) of the Liquor Licence Act
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 1528433 ONTARIO LIMITED, OPERATING AS CADILLAC TAVERN, 101 TALBOT STREET, BLENHEIM LICENCE NUMBER 0092332
NOTICE OF PROPOSAL NUMBER 14103 & 14872
JOINT SUBMISSION ON DISPOSITION
The License Holder, having consulted legal counsel, and Registrar’s counsel submit that the following disposition, with respect to the Notice(s) of Proposal to Suspend a Licence dated May 23, 2006 and January 263, 2007 is appropriate in these circumstances.
There shall be a TWENTY-ONE (21) day suspension of liquor licence #92332 to be served consecutively within NINETY (90) days of today’s date, on dates to be provided, in writing, to the Manager of Hearings within SEVEN (7) days of the date, failing which dates shall be imposed by the Board without further consultation with the Licensee. The Licensee is aware that the proposed suspension cannot start within 20 days of the date.
Should the Board make the findings as agreed to, and impose the disposition as submitted, then the Registrar will withdraw the remaining allegations, if any, in the two Notices of Proposal.
Dated Chatham this 6th day of March, 2007.
Mark Michael Mackew Counsel for the Licence Holder
Brad Alton, Counsel for the Registrar of the AGCO
Vlado Perin Licence Holder “I have authority to bind the licensee”