LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: OXFORD PUB & RESTAURANT 2691 Eglinton Avenue East Toronto, Ontario M1K 2S2
Licensee: 1628907 Ontario Inc. Licence Number: 807190
Notice of Proposal: To SUSPEND a licence Dated: July 28, 2006
The Proposal alleges that:
(a) contrary to subsection 45(1) of Ontario Regulation 719/90 (the "O. Reg.") under the Liquor Licence Act (the "LLA"), 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 53 of the O. Reg. under the LLA, the licence holder failed to make available lists describing:
a) the varieties of liquor available for sale;
b) the amount of liquor in each type of drink offered for sale;
c) the varieties of non-alcoholic beverages available for sale; and
d) the purchase price of the food, liquor and non-alcoholic beverages;
(c) contrary to subsection 30.1(1) under the LLA, the licence holder failed to display the Fetal Alcohol Spectrum Disorder warning sign while selling or supplying liquor or offering to sell or supply liquor; and
(d) contrary to section 50(c) of the O. Reg. under the LLA, the licence holder has failed to ensure that the premises complies with the Fire Protection & Promotion Act respecting the use of the premises.
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, 3rd Floor Toronto, Ontario M2N 0A4 February 27, 2007
Presiding
Board Members: David C. Gavsie, Chair
Counsel for the
Registrar: Phillip Morris
Counsel for the Licensee: Kenneth Danson
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 February 27, 2007, pursuant to a Notice of Proposal dated July 28, 2006, to suspend the licence issued to 1628907 Ontario Inc. for premises operating as OXFORD PUB & RESTAURANT, 2691 Eglinton Avenue East, Toronto, Ontario, M1K 2S2, licence number 807190;
AND WHEREAS the corporate licensee was represented by legal counsel Kenneth Danson;
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 Mr. Danson, 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 June 9, 2006, there was a drunken patron in the licenses premises. The fire exit door was locked.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45(1) of the LLA and section 50(c) of the O. Reg., enacted pursuant to the LLA. The Board accepted the withdrawal of the remaining allegations contained in the Notice of Proposal dated July 28, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1628907 Ontario Inc. for premises operating as OXFORD PUB & RESTAURANT, 2691 Eglinton Avenue East, Toronto, Ontario, M1K 2S2, licence number 807190, be SUSPENDED for TWELVE (12) consecutive days to COMMENCE at 11:00 a.m. on March 10, 2007, and CONTINUE until 2:00 a.m. on March 22, 2007.
DATED AT TORONTO THIS 27TH DAY OF FEBRUARY, 2007.
DAVID C. GAVSIE, CHAIR
DCG/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 1628907 ONTARIO INC. OPERATING AS OXFORD PUB & RESTAURANT, 2691 EGLINTON AVENUE E., SCARBOROUGH, LICENCE NO. 807190
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED JULY 23, 2006
AGREED STATEMENT OF FACTS
The Licensee, after consultation with counsel, and the Registrar agree to the following facts:
On June 9, 2006, there was a drunken patron in the licensed premises. The fire exit door was locked.
Based on paragraph 1, the licensee breached s. 45(1) and s. 50(c) of Ont. Reg. 719/90.
The licensee has shown remorse and co-operate with the Commission.
The licensee was previously suspended for 7 days in 2006 for a similar breach.
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. 807190 for a period of 12 days commencing at 11:00 a.m. on March 10, 2007, and ending at 2:00 a.m. on March 22, 2007.
The Board, having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 22ND DAY OF FEBRUARY 2007.
RESPECTFULLY SUBMITTED,
Jayagowri Thambyrajah Phillip Morris For licensee Registrar's Counsel