LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: FROG & FIRKIN (THE)
4854-56 Yonge Street
Toronto, Ontario
M2N 5N2
Licensee: Ridgelane Holdings Inc.
Licence Number: 21556
Notice of Proposal: To SUSPEND a licence
Dated July 31, 2006
The Proposal alleges that:
Contrary to subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act (the "O. Reg.") 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 Ave. East, 3rd Floor
Toronto, Ontario
M2N 0A4
March 23, 2007
Presiding
Board Member: Bruce Monteith, Member
Counsel for the
Registrar: Joyce Taylor
Counsel for the
Licensee: Harry Black
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 23, 2007 pursuant to a Notice of Proposal dated July 31, 2006 to suspend the licence issued to Ridgelane Holdings Inc. for premises operating as Frog & Firkin (The), 4854-56 Yonge Street, Toronto, Ontario, M2N 5N2, licence number 21556;
AND WHEREAS the corporate licensee was represented by legal counsel Harry Black;
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 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 February 24, 2006, police officers visited the licensed premises and found drunken patrons at the establishment.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45 (1) of the O. Reg.
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Ridgelane Holdings Inc. for premises operating as Frog & Firkin (The), 4854-56 Yonge Street, Toronto, Ontario, M2N 5N2, licence number 21556 be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on May 20, 2007 and CONTINUE until 2:00 a.m. on May 27, 2007.
DATED AT TORONTO THIS 2^nd^ DAY OF APRIL 2007.
__________________________________
BRUCE MONTEITH, BOARD MEMBER
BM/mw
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 RIDGELANE HOLDINGS INC. OPERATING AS FROG & FIRKIN (THE),
4854-56 YONGE STREET, TORONTO,
LICENCE NUMBER 21556
________________________________________________________________
AGREED STATEMENT OF FACTS
The Licensee who has been advised by counsel and Registrar's counsel agree to the following facts in relation to the Notice Of Proposal To Suspend A Licence dated July 31, 2006:
On February 24, 2006, police officers visited the licensed premises and found drunken patrons at the establishment.
Based on the above-mentioned facts, the licensee admits to having breached section 45 (1) of Ontario Revised Regulation 719/90, enacted pursuant to the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
Whereas the licensee has no prior adverse record before the Board,
The Licensee who has been advised by counsel, and Registrar's counsel jointly submit that the following disposition is appropriate in the circumstances:
There shall be a seven (7) day suspension of liquor licence 21556 commencing at 11:00 a.m. on May 20, 2007 and continuing until 2:00 a.m. on May 27, 2007.
Should the Board accept the Agreed Statement of Facts and order the sanction set out in this Joint Submission on Disposition, the Registrar shall withdraw all remaining allegations set out in the Notice of Proposal to Suspend a Licence, dated July 31, 2006.
Respectfully submitted this 23^rd^ day of March, 2007.
__________________________________ ____________________________________
Harry G. Black, Q.C. Joyce A. Taylor
Counsel for the Licensee Counsel for the Registrar