LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: REACTOR 546 Ouellette Ave., Windsor, ON N9A 1B7
Licensee: 1298438 Ontario Inc.
Licence Number: 92584
Notice of Proposal: To SUSPEND a licence and to ADD a condition to the licence April 7, 2006
Notice of Proposal: To SUSPEND a licence September 29, 2006.
The Proposal alleges that:
(a) 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.
(b) 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.
(c) 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.
(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.
(e) contrary to subsection 20(1) of Ontario Regulation 719/90 under the Liquor Licence Act (the “O. Reg. 719/90”), the licence holder engaged in or permitted practices which tended to encourage patrons’ immoderate consumption of liquor.
(f) contrary to clause 6(2)(d) of the Liquor Licence Act (“LLA”), the past/present conduct of the licence holder (or if a corporation) or its officers or directors, or a shareholder who owns or controls 10% or more of its equity shares, or a person having beneficial interest in the business, or a person having responsibility for the management or operation of the business affords reasonable grounds for belief that its business will not be carried on in accordance with the law and with integrity and honesty.
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Ave. East, 3rd Floor Toronto, Ontario M2N 0A4
Via Teleconference February 27, 2007
Presiding
Board Member: Patricia McQuaid, Vice-Chair
Counsel for the
Registrar: Brad Alton
Counsel for the Licensee: Adam Vassos
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 February 27, 2007 pursuant to Notices of Proposal dated April 7 and September 29, 2006 to suspend the licence issued to 1298438 Ontario Inc. for premises operating as Reactor, 546 Ouellette Ave., Windsor, Ontario, N9A 1B7, licence number 92584;
AND WHEREAS the corporate licensee was represented by legal counsel, Adam Vassos;
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 1, 2006, a patron under the age of 19 years was found consuming liquor in the licensed premises.
On July 14, 2006, a drunken patron was in the licensed premises and became involved in an altercation.
On July 30, 2006, bottle service of liquor was left unmonitored by the licensee’s staff.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 30 (4) of the LLA and subsections 20(1) and 45 (1) of O. Reg. 719/90. The Board accepted the withdrawal of the remaining allegations contained in the Notices of Proposal dated April 7 and September 29, 2006, including the request for the condition on the licence;
FURTHER the Board accepts the agreement of the Registrar that he will not proceed to a Notice of Proposal or a Notice of Violation for the infractions found by an AGCO liquor inspector in the licensed premises on November 19, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1298438 Ontario Inc. for premises operating as Reactor, 546 Ouellette Ave., Windsor, Ontario, N9A 1B7, licence number 92584 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 5^TH^ DAY OF MARCH, 2007.
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PATRICIA MCQUAID, VICE-CHAIR
PM/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 1298438 ONTARIO INC. OPERATING AS REACTOR, 546 OUELLETTE AVE., WINDSOR,
LICENCE NUMBER 92584
NOTICE OF PROPOSAL NUMBER 13987 AND 14551
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AGREED STATEMENT OF FACTS
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 and the Notice of Proposal to Suspend a licence, is appropriate in these circumstances;
There shall be a TWENTY-ONE (21) day suspension of liquor licence #0092584 to be served consecutively commencing at 11:00 a.m. on April 8, 2007, and ending at 2:00 a.m. on April 29, 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 “no under 19” condition on the liquor licence. Furthermore, the Registrar agrees not to proceed to a Notice of Proposal or a Notice of Violation for the infractions found by an AGCO liquor inspector in the licensed premises on November 19, 2006.
Dated this 19^th^ day of February, 2007
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Kevin Anthony Lafontaine Brad Alton, Counsel for the Licence Holder Registrar of the AGCO
“I have the authority to bind the corporate licensee”
JOINT SUBMISSION ON DISPOSITION
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 is appropriate in these circumstances:
There shall be a TWENTY-ONE (21) day suspension of liquor licence #0092584 to be served consecutively commencing at 11:00 a.m. on April 8, 2007 and ending at 2:00 a.m. on April 29, 2007.
Should the Board members make the findings as agreed to an 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 “no under 19” condition on the liquor licence. Furthermore, the Registrar agrees not to proceed to a Notice of Proposal or a Notice of Violation for the infractions found by an AGCO liquor inspector in the licensed premises on November 19, 2006;
Dated at Toronto this day of 2006.
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