LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: CENTRAL BAR & GRILL 1496-48 Weston Road Toronto, Ontario M9N 1W2
Licensee: Central Bar & Grill Ltd.
Licence Number: 90060
Notice of Proposal: To SUSPEND a licence Dated January 29, 2007
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 section 50(c) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder has failed to ensure that he 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 April 2, 2007
Presiding Board Member: Guy Maurice
Counsel for the Registrar: Richard Kulis
Attendance: Patrick Allen
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 April 2, 2007, pursuant to a Notice of Proposal dated January 29, 2007, to suspend the liquor licence issued to Central Bar & Grill Ltd. for premises operating as CENTRAL BAR & GRILL, 1496-48 Weston Road, Toronto, Ontario, M9N 1W2, licence number 90060;
AND WHEREAS Patrick Allen, the sole officer, director and shareholder of the licensee corporation, appeared on the corporate licensee’s 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 counsel for the Registrar and Patrick Allen, 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 September 23, 2006 a drunken patron was in the licensed premises.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45(1) of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act. The Board accepted the withdrawal of the remaining allegation contained in the Notice of Proposal dated January 29, 2007;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Central Bar & Grill Ltd. for premises operating as CENTRAL BAR & GRILL, 1496-48 Weston Road, Toronto, Ontario, M9N 1W2, licence number 90060, be SUSPENDED for THREE (3) consecutive days to COMMENCE at 11:00 a.m. on May 12, 2007 and CONTINUE until 2:00 a.m. on May 15, 2007.
DATED AT TORONTO THIS 18TH DAY OF APRIL 2007.
GUY MAURICE, BOARD MEMBER
GM/sm
Attached.
IN THE MATTER OF THE LIQUOR LICNECE ACT
R.S.O. 1990,c.L.19,s. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF CENTRAL BAR & GRILL LTD. OPERATING AS CENTRAL BAR & GRILL, 1946-48 WESTON ROAD, TORONTO
LICENCE NUMBER 90060
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 Counsel agree to the following:
On September 23, 2006 a drunken patron was in the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to a violation of subsection 45 (1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has no prior adverse record with the Commission.
JOINT SUBMISSION 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 Counsel submit that the following disposition is appropriate in these circumstances:
A three (3) day suspension of the liquor licence.
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 in the Notice of Proposal of January 29, 2007
Dated in Toronto this 2nd day of April 2007
For the licence holder Richard E. Kulis, for the Registrar of the AGCO