LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: ROCK’ N BOWL SPORTS BAR 23721 Hwy 48 Twp of Georgina Baldwin, Ontario L0E 1A0
Licensee: 790344 Ontario Limited Licence Number: 10803
Notice of Proposal: To SUSPEND a licence Dated September 29, 2006
The Proposal alleges that:
(a) contrary to subsection 30.1(1) under the Liquor Licence Act ("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.
(b) contrary to subsection 17 (2) of Ontario Regulation 719/90 under the Liquor Licence Act (the "O.Reg.") the licence holder failed to ensure that the sale and service of liquor was supervised by an authorized employee.
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Ave. E., 3rd Floor Toronto, Ontario M2N 0A4 Via Teleconference March 2, 2007
Presiding Board Member: David C. Gavsie, Chair
Agent for the Registrar: Sujin Chan, Student at Law
Attendance: Frank (Francesco) Inserra, for the corporate licensee
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 2, 2007, pursuant to a Notice of Proposal dated September 29, 2006 to suspend the liquor licence issued to 790344 Ontario Limited for premises operating as Rock’ N Bowl Sports Bar, 23721 Hwy 48, Twp of Georgina, Baldwin, Ontario, L0E 1A0, licence number 10803;
AND WHEREAS Frank (Francesco) Inserra, appeared on behalf of the corporate licensee and waived its right to be represented by legal counsel;
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 Frank Inserra, appearing 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:
On July 27, 2006, the person in charge of the licensed premises was not identified. The Fetal Alcohol Spectrum Disorder warning sign was not posted.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 30.1 (1) of the LLA and subsection 17 (2) 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 790344 Ontario Limited for premises operating as Rock’ N Bowl Sports Bar, 23721 Hwy 48, Twp of Georgina, Baldwin, Ontario, L0E 1A0, licence number 10803 be SUSPENDED for FOUR (4) consecutive days to COMMENCE at 11:00 a.m. on April 16, 2007, and CONTINUE until 2:00 a.m. on April 20, 2007.
DATED AT TORONTO THIS 6TH DAY OF MARCH, 2007.
DAVID C. GAVSIE, CHAIR
DCG/mw
Attached.
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 790344 ONTARIO LIMITED OPERATING AS ROCK’ N BOWL SPORTS BAR, 23721 HWY 48, TWP OF GEORGINA, BALDWIN, LICENCE NUMBER 10803
AGREED STATEMENT OF FACTS
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and having declined that right and agreed to proceed without legal counsel and Registrar’s Agent agree to the following;
On July 27, 2006, the person in charge of the licensed premises was not identified. The Fetal Alcohol Spectrum Disorder warning sign was not posted
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 30.1 (1) under the Liquor Licence Act and subsection 17 (2) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has taken immediate steps to rectify these infractions.
The licence holder has previously served a five day suspension in 2003 for an unrelated matter.
JOINT SUBMISSIONS ON DISPOSITION
The Licence holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and has declined that right and agreed to proceed without legal counsel and Registrar’s Agent submit that the following disposition is appropriate in these circumstances:
- A four (4) day suspension of the liquor licence to commence at 11:00 a.m. on April 16, 2007 and to end at 2:00 a.m. on April 20, 2007.
Dated in Toronto this 21st day of February, 2007
Frank Inserra Sujin Chan
For the licence holder Agent for the Registrar of the AGCO
"I have the authority to bind the corporation"