LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: VIC’S PLACE
14 Bridge St. W.
Belleville, Ontario
K8P 1H7
Licensee: Vicki Jane Colton
Licence Number: 280734
Notice of Proposal: To SUSPEND a licence and to ADD a condition to the licence
Dated September 29, 2006.
The Proposal alleges that:
(a) 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.
(b) contrary to subsection 34 (1) of Ontario Regulation 719/90
under the Liquor Licence Act, the licence holder permitted a patron to remove liquor from the licensed premises.
(c) contrary to section 29 of Ontario Regulation 719/90 under the
Liquor Licence Act (the “O. Reg.719/90), 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.
Hearing: Fairfield Inn & Suites
407 North Front St.
Belleville, ON
March 14, 2007
Presiding
Board Members: Alex McCauley, Member
Guy Maurice, Member
Counsel for the
Registrar: Joyce Taylor
Counsel for the
Licensee: Kandace Davies
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 14, 2007 pursuant to a Notice of Proposal dated September 29, 2006 to suspend the licence and to add a condition to the licence issued to Vicki Jane Colton for premises operating as Vic’s Place, 14 Bridge St. W., Belleville, Ontario, K8P 1H7, licence number 280734;
AND WHEREAS the corporate licensee was represented by legal counsel, Kandace Davies;
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 July 8, 2006, during the Belleville Waterfront Festival, liquor inspectors visited the establishment and found two staff members had removed liquor from the licensed area for their own consumption. Upon request, the staff members returned to the licensed area, but soon left the licensed area again with their liquor. There were six patrons on the licensed patio area, and at 2:55 a.m. the signs of service and consumption had not been cleared from the licensed area and a staff member was observed bringing more open liquor into the licensed area.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under section 29 and subsections 34 (1) and 45 (1) of the O. Reg. 719/90.
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Vicki Jane Colton for premises operating as Vic’s Place, 14 Bridge St. W., Belleville, Ontario, K8P 1H7, licence number 280734 be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on May 19, 2007 and CONTINUE until 2:00 a.m. on June 2, 2007.
FURTHER the Board ORDERS the following condition:
“The Licensee shall not apply for any temporary extension of its liquor licence during the period from March 13, 2007 through to and including December 31, 2008.”
DATED AT TORONTO THIS 2ND DAY OF APRIL, 2007.
ALEX MCCAULEY, BOARD MEMBER GUY MAURICE, BOARD MEMBER
AM/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 VICKI JANE COLTON OPERATING AS VIC’S PLACE, 14 BRIDGE ST. W.,
BELLEVILLE,
LICENCE NUMBER 280734
AGREED STATEMENT OF FACTS
The Licensee who has been advised by counsel and Registrar’s counsel agree to the following facts in relation to the Notice Of Proposal To Suspend A Licence dated September 29, 2006:
On July 8, 2006, during the Belleville Waterfront Festival, liquor inspectors visited the establishment and found two staff members had removed liquor from the licensed area for their own consumption. Upon request, the staff members returned to the licensed area, but soon left the licensed area again with their liquor. There were six patrons on the licensed patio area, and at 2:55 a.m. the signs of service and consumption had not been cleared from the licensed area and a staff member was observed bringing more open liquor into the licensed area.
Based on the aforementioned facts, the Licensee admits to have breached
sections 29, 34 (1) and 45 (1) of Ontario Regulation 719/90, as amended, and enacted pursuant to the Liquor Licence Act.
- The Licensee has undertaken to take all necessary steps to ensure that this will not take place again.
JOINT SUBMISSION ON DISPOSITION
Whereas this Licensee has no prior adverse record before the Board;
The Licensee who has been advised by counsel and Registrar’s counsel jointly submit that the following disposition is appropriate in the circumstances:
A fourteen (14) day suspension of liquor licence 280734 to be served on dates to be provided to the Manager of the Hearings Section of the Alcohol & Gaming Commission of Ontario, 90 Sheppard Ave., E,., Suite, 300, Toronto, ON, M2N 0A4, fax (416) 326-5566, within seven (7) days of today’s date, failing which the dates shall be set by the Board without further consultation with the Licensee. The suspension cannot commence for at least twenty (20) days following notification, and must be completed within ninety (90) days of the hearing date.
A condition place on liquor licence 280734 which provides that the Licensee shall
not apply for any temporary extension of its liquor licence during the period from March 13, 2007 through to and including December 31, 2008.
- Should the Board accept the Agreed Statement of Facts and order the Joint Submission on Disposition as set out herein, the Registrar shall withdraw any remaining allegations set out in the Notice of Proposal dated September 29, 2006.
Respectfully submitted this 14th day of March, 2007.
Vicki Jane Colton Joyce A. Taylor
Licensee Counsel for the Registrar
Kandace Davies
Counsel for the Licensee