LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: FLYING DOG (THE)
341 Marsland Drive
Waterloo, Ontario
N2J 3Z2
Licensee: 793337 Ontario Inc.
Licence Number: 203170
Notice of Proposal: To SUSPEND a licence
Dated July 28, 2006
The Proposal alleges that 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.
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, 3rd Floor
Toronto, Ontario
M2N 0A4
March 12, 2007, via teleconference
Presiding
Board Member: Guy Maurice, Member
Counsel for the
Registrar: Brad Alton
Counsel for the
Licensee: Filomena Kendola
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 March 12, 2007, pursuant to a Notice of Proposal dated July 28, 2006, to suspend the licence issued to 793337 Ontario Inc. for premises operating as FLYING DOG (THE), 341 Marsland Drive, Waterloo, Ontario, N2J 3Z2, licence number 203170;
AND WHEREAS the corporate licensee was represented by legal counsel Filomena Kendola;
AND WHEREAS the hearing proceeded by way of a written Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) agreed upon between counsel for the Registrar and Emilio Bisceglia, counsel for the corporate licensee, and submitted at the hearing by the counsel for the Registrar and Filomena Kendola, 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:
An inspection on May 27, 2006, found drunken patrons in the licensed premises.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45(1) 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 793337 Ontario Inc. for premises operating as FLYING DOG (THE), 341 Marsland Drive, Waterloo, Ontario, N2J 3Z2, licence number 203170, be SUSPENDED for FIVE (5) consecutive days to COMMENCE at 11:00 a.m. on May 14, 2007, and CONTINUE until 2:00 a.m. on May 19, 2007.
DATED AT TORONTO THIS 26TH DAY OF MARCH, 2007.
GUY MAURICE, BOARD MEMBER
GM/rb
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 793337 ONTARIO INC.
OPERATING AS THE FLYING DOG,
341 MARSLAND DRIVE, WATERLOO,
LICENCE NUMBER 203170
NOTICE OF PROPOSAL NUMBER 14381
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 July 28, 2006:
An inspection on May 27, 2006, found several drunken patrons in the licensed premises.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
This settlement agreement is made on a "without prejudice" basis with respect to the Licensee's rights regarding these infractions in Provincial Offence Court.
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 793337 ONTARIO INC.
OPERATING AS THE FLYING DOG,
341 MARSLAND DRIVE, WATERLOO,
LICENCE NUMBER 203170
NOTICE OF PROPOSAL NUMBER 14381
JOINT SUBMISSION REGARDING
DISPOSITION
The Licence Holder, having consulted legal counsel and Registrar's Counsel submit that the following disposition is appropriate in these circumstances:
There shall be a FIVE (5) day suspension of liquor licence #0203170 to be served consecutively commencing 11:00 a.m. on May 14, 2007, and ending at 2:00 a.m. on May 19, 2007.
This settlement agreement is made on a "without prejudice" basis with respect to the Licensee's rights regarding these infractions in Provincial Offence Court.
Dated this 28th day of February, 2007.
Emilio Bisceglia Brad Alton, Counsel for the
Counsel for the Licence Holder Registrar of the AGCO
Barry Humphrey Susan Stewart/Gary Stewart
Licence Holder Licence Holder
"I have authority to bind the corporate licensee" "I have authority to bind the corporate licensee"