LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: CHARLEY FITZWHISKEY’S TAP AND EATERY
55 Ontario Street North
Milton, Ontario
L9T 2T2
Licensee: 1556845 Ontario Ltd.
Licence Number: 203606
Notice of Proposal: To SUSPEND a licence and to ADD conditions to the licence
Dated November 14, 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 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.
(c) 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.
(d) contrary to section 29 of Ontario Regulation 719/90 under the Liquor Licence Act (the “O. Reg.”), 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.
(e) A condition on the liquor licence states “The sale and service of alcohol for consumption on the patio shall cease at 11:00 p.m., Monday to Sunday.”
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Ave. E., 3^rd^ Floor
Toronto, Ontario
M2N 0A4
Via Teleconference
April 12, 2007
Presiding Board Member: Allan Higdon, Member
Counsel for the
Registrar: Phillip Morris
Agent for the Licensee: Howard Buckman
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 teleconference hearing on April 12, 2007 pursuant to a Notice of Proposal dated November 14, 2006 to suspend the liquor licence and to add conditions to the licence issued to 1556845 Ontario Ltd. for premises operating as Charley Fitzwhiskey’s Tap and Eatery, 55 Ontario St. N., Milton, Ontario, L9T 2T2, licence number 203606;
AND WHEREAS, Howard Buckman, an agent, 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 Howard Buckman, 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 May 27, 2006 at 1:18 a.m., there were numerous patrons consuming liquor on the patio, contrary to a condition on the licence requiring signs of service to be cleared by 11:45 p.m. Many of those patrons were drunk, and one patron threw a beer bottle at a police officer from the patio. Three patrons who had consumed liquor in the establishment were minors.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 30 (4) of the LLA and subsection 45 (1) of O. Reg. 719/90. The Board accepted the withdrawal of the remaining allegations in the Notice of Proposal dated November 14, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1556845 Ontario Ltd. for premises operating as Charley Fitzwhiskey’s Tap and Eatery, 55 Ontario St. N., Milton, Ontario, L9T 2T2, licence number 203606 be SUSPENDED for TWENTY EIGHT (28) consecutive days to COMMENCE at 11:00 a.m. on June 23, 2007, and CONTINUE until 2:00 a.m. on July 21, 2007.
FURTHER the Board ORDERS the following condition:
“Alcohol is to be served in plastic stemware on the patio.”
DATED AT TORONTO THIS 16th DAY OF APRIL 2007.
ALLAN HIGDON, BOARD MEMBER
AH/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 1556845 ONTARIO LTD. OPERATING AS CHARLEY FITZWHISKEY’S TAP AND EATERY,
55 ONTARIO ST. N., MILTON,
LICENCE NUMBER 203606
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED NOVEMBER 14, 2006.
AGREED STATEMENT OF FACTS
The licensee after consultation with an agent, and having being advised of the right to counsel and having waived that right, and the Registrar agree to the following facts:
On May 27, 2006 at 1:18 a.m., there were numerous patrons consuming liquor on the patio, contrary to a condition on the licence requiring signs of service to be cleared by 11:45 p.m. Many of those patrons were drunk, and one patron threw a beer bottle at a police officer from the patio. Three patrons who had consumed liquor in the establishment were minors.
Based on paragraph 1, the licensee breached a condition on the licence, s. 45(1) of Ont. Reg. 719/90 (drunkenness and disorderly conduct) and s. 30(4) of the Liquor Licence Act respectively.
The licensee has shown remorse and co-operated with the Commission.
The licensee was previously suspended for 18 days in 2005.
JOINT SUBMISSIONS ON DISPOSITION
The licensee, after consultation with an agent, and having been advised of the right to counsel and having waived that right, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as matter of specific and general deterrence:
The Board shall suspend licence no. 203606 for a period of 28 days commencing at 11:00 a.m. on June 23, 2007 and ending at 2:00 a.m. on July 21, 2007.
A condition shall be added to the licence that alcohol shall only be served in plastic stemware on the patio.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 4^TH^ DAY OF APRIL, 2007.
RESPECTFULLY SUBMITTED
Sami Rachid Akiki Phillip Morris
for Registrar’s Counsel
Licensee