LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: SHOELESS JOE’S RESTAURANT 371 Princess Street Kingston, Ontario K7L 1B9
Licensee: 1456704 Ontario Ltd.
Licence Number: 807308
Notice of Proposal: To SUSPEND a Licence Dated 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.
Hearing: Alcohol and Gaming Commission of Ontario Radisson Harbourfront 1 Johnson Street Kingston, Ontario March 13, 2007
Presiding Board Member: Alex McCauley, Member
Counsel for the
Registrar: Joyce Taylor
Attendance: Shaneif Madhani, on behalf of 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 on March 13, 2007, pursuant to a Notice of Proposal dated September 29, 2006, to suspend the liquor licence issued to 1456704 Ontario Ltd. for premises operating as SHOELESS JOE’S RESTAURANT, 371 Princess Street, Kingston, Ontario, K7L 1B9, licence number 807308;
AND WHEREAS a representative of the corporate licensee appeared on its behalf 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 Agent for the Registrar and Shaneif Madhani, 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 April 28, 2006, a liquor inspector and a police officer visited the licensed premises and found a person who appeared to be under 19 years of age and who was in fact under 19 years of age consuming alcohol in the licenses premises.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 30(4) of the Liquor Licence Act;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1456704 Ontario Ltd. for premises operating as SHOELESS JOE’S RESTAURANT, 371 Princess Street, Kingston, Ontario, K7L 1B9, licence number 807308, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on June 4, 2007, and CONTINUE until 2:00 a.m. on June 11, 2007, 2007.
DATED AT TORONTO THIS 28^TH^ DAY OF MARCH, 2007.
ALEX McCAULEY, BOARD MEMBER
AM/rb
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 1456704 ONTARIO LTD. OPERATING AS SHOELESS JOE’S RESTAURANT, 371 PRINCESS STREET, KINGSTON, LICENCE NO. 807308
AGREED STATEMENT OF FACTS
The Licensee, who has been advised of its right to counsel and having waived that right, and chosen to proceed without a lawyer aggress with Registrar’s counsel to the following facts in relation to the Notice of Proposal to Suspend a Licence dated September 29, 2006:
On April 28, 2006, a liquor inspector and a police officer visited the licensed premises and found a person who appeared to be under 19 years of age and who was in fact under 19 years of age consuming liquor in the licensed premises.
Based on the above0-mentioned facts, the Licensee admits to having breached s. 30(4) of the Liquor Licence Act.
Neither of the two employees involved presently work for the licensee.
JOINT SUBMISSIONS ON DISPOSITION
Whereas this Licensee has no prior adverse record before the Board for any similar infraction.
The Licensee who has been advised of its right to counsel and has waived that right and chosen to proceed without a lawyer agrees with Registrar’s counsel that the following disposition is appropriate in the circumstances:
- There shall be a seven (7) day suspension of liquor licence 807308 to be served on dates to be provided to the Manager of Hearings Section of the Alcohol and Gaming Commission of Ontario, 90 Sheppard Ave., E., Suite 300, Toronto, ON, M2N 0A4, within seven (7) days of today’s date failing which the Board shall set the dates of the suspension without further consultation with the Licensee. The suspension cannot commence for at least 20 days following notification and must be completed within ninety days of today’s date.
Submitted at Kingston this 13^th^ day of March, 2007
1456704 ONTARIO LIMITED
Shaneif Madhani Joyce A. Taylor
“I have authority to bind the Corporation” Counsel for the Registrar