Registrar of the Alcohol and Gaming Commission of Ontario v. Jazpoko Limited, 2007 CanLII 10165

LIQUOR LICENCE ACT, R.S.O. 1990

In the Matter of: GRAND RIVER HOTEL 1102 King Street East Cambridge, Ontario N3H 3P6

Licensee: Jazpoko Limited

Licence Number: 10794

Notice of Proposal: To SUSPEND a licence and add a CONDITION to the licence

October 26, 2006

The Proposal alleges that:

(a) Contrary to subsection 25(1) of Ontario Regulation 719/90 under the Liquor Licence Act, liquor was sold and served in the licensed premises outside of prescribed hours.

(b) 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.

(c) Contrary to section 29 of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to clear the signs of service and consumption in the licensed premises within 45 minutes after the end of the period during which liquor may be sold and served under the licence.

(d) 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.

(e) Conditions on the liquor licence state:

Doors to two (2) patio(s) shall not be propped open at any time;
There shall be no external speakers nor live music on the two (2) patio (s) ;
Patio (s) and parking lots under the control of the licensee shall be monitored on a regular basis by licensed staff.

And to order that the sale and service of liquor cease at 10:00 p.m. and that the signs of the sale and service of liquor be cleared by 10:45 p.m.

Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, 3^rd Floor Toronto, Ontario M2N 0A4

March 27, 2007

Presiding Board Member: Kirsti Hunt, Vice-Chair

Counsel for the Registrar: Brad Alton

Counsel for the Licensee: Robert Miller

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 March 27, 2007, pursuant to a Notice of Proposal dated October 26, 2006 to suspend the licence and to add a condition to the liquor licence issued to Jazpoko Limited for premises operating as GRAND RIVER HOTEL, 1102 King Street East, Cambridge, Ontario, N3H 3P6, licence number 10794;

AND WHEREAS the corporate licensee was represented by legal counsel, Robert Miller;

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 Robert Miller, 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 April 8, 2006, found that liquor was still being consumed in the licensed premises at approximately 3:05 a.m.
An inspection on June 17, 2006, found that there were 22 people in an area licensed for only 14 people.
An inspection on June 17, 2006, found that the west patio door was propped open and this area was not being monitored by any staff of the licence holder.

AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under sections 29 and 43 of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act and a violation of two conditions on the licence. The Board accepted the withdrawal of all other allegations contained in the Notice of Proposal dated October 26, 2006, including the request for an additional condition on the licence;

THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Jazpoko Limited for premises operating as GRAND RIVER HOTEL, 1102 King Street East, Cambridge, Ontario, N3H 3P6, licence number 10794, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on July 2, 2007 and CONTINUE until 2:00 a.m. on July 12, 2007.

DATED AT TORONTO THIS 29^TH DAY OF MARCH, 2007.

KIRSTI HUNT, VICE-CHAIR

KH/sm

Attached.

AGREED STATEMENT OF FACTS

IN THE MATTER OF THE LIQUOR LICNECE ACT R.S.O. 1990,c.L.19,s. 15(1) AND 21(1)

AND IN THE MATTER OF THE LIQUOR LICENCE OF JAZPOKO LIMITED, OPERATING AS GRAND RIVER HOTEL, 1102 KING STREET EAST, CAMBRIDGE LICENCE NUMBER 0010794 NOTICE OF PROPOSAL NUMBER 14648

An inspection on April 8, 2006, found that liquor was still being consumed in the licensed premises at approximately 3:05 a.m.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of section 29 of Ontario Regulation 719/90 under the Liquor Licence Act.
An inspection on June 17, 2006, found that there were 22 people in an area licensed for only 14 people.
Based on the facts in paragraph 3, the Licence Holder admits to a violation of subsection 43 of Ontario Regulation 719/90 under the Liquor Licence Act.
An inspection on June 17, 2006, found that the west patio door was propped open and this area was not being monitored by any staff of the licence holder.
Based on the facts in paragraph 5, the Licence Holder admits to violations of two conditions on the liquor licence which state:
1. Doors to two (2) patio(s) shall not be propped open at any time;
2. Patio (s) and parking lots under the control of the licensee shall be monitored on a

regular basis by licensed staff.

JOINT SUBMISSION ON DISPOSITION

IN THE MATTER OF THE LIQUOR LICNECE ACT R.S.O. 1990,c.L.19,s. 15(1) AND 21(1)

AND IN THE MATTER OF THE LIQUOR LICENCE OF JAZPOKO LIMITED, OPERATING AS GRAND RIVER HOTEL, 1102 KING STREET EAST, CAMBRIDGE LICENCE NUMBER 0010794 NOTICE OF PROPOSAL NUMBER 14648

The Licence Holder, having consulted legal counsel and Registrar’s Counsel, submit that the following disposition, with respect to the Notice of Proposal to Suspend a Licence and Add a Condition to the Licence, is appropriate in these circumstances:

There shall be a TEN (10) day suspension of liquor licence #0010794 to be served consecutively commencing at 11:00 a.m. on July 02, 2007, and ending at 2:00 a.m. on July 12, 2007.
Should the Board members make the findings as agreed to and impose the disposition as submitted then Registrar’s Counsel will withdraw the remaining allegation (s) in the Notice(s) of Proposal including the withdrawal of the imposition of the early closing condition.

Dated this 20^th day of March, 2007.

Robert J. Miller Brad Alton, Counsel for the Counsel for the Licence Holder Registrar of the AGCO

Ivan Pokorni Roxaliza Pokorni Licence Holder Licence Holder “I have authority to bind the corporate licensee” “I have authority to bind the corporate licensee”