LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: DOOLY’S
8520 Jane Street
Units 8 & 9
Vaughan, Ontario
L4K 5A9
Licensee: 1281993 Ontario Inc.
Licence Number: 806319
Notice of Proposal: To SUSPEND a licence
Dated April 24, 2006
Supplementary
Notice of Proposal: To SUSPEND a licence
Dated January 12, 2007
The Proposals allege that:
(a) contrary to paragraph 50(c) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder has failed to ensure that the premises complies with the Fire Protection & Promotion Act respecting the use of the premises.
(b) contrary to section 29 of the Liquor Licence Act, liquor was
permitted to be sold or supplied to a person who was or appeared to be intoxicated.
(c) contrary to subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act (the “O.Reg. 719/90”) 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.
(d) contrary to subsection 30(3) of the Liquor Licence Act, the
licensee or the licensee’s employee or agent knowingly permitted a person under the age of 19 years to have or consume liquor in the licensed premises.
(e) contrary to subsection 30(4) of the Liquor Licence Act (“LLA”) 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.
(f) 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.
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Ave. E., 3rd Floor
Toronto, Ontario
M2N 0A4
April 4, 2007
Presiding
Board Members: Patricia McQuaid, Vice-Chair
Allan Higdon, Member
Agent for the
Registrar: Sujin Chan, Student at Law
Counsel for the
Licensee: Noel Gerry
Attendance: Noel Rebick, 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 on April 4, 2007, pursuant to a Notice of Proposal dated April 24, 2006 and a Supplementary Notice of Proposal dated January 12, 2007 to suspend the liquor licence issued to 1281993 Ontario Inc. for premises operating as Dooly’s at 8520 Jane Street, Units 8 & 9, Vaughan, Ontario, L4K 5A9, licence number 806319;
AND WHEREAS the corporate licensee was represented by legal counsel Noel Gerry;
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 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 January 28, 2006 a patron was intoxicated in the licensed premises.
On October 28, 2006, two minors were served liquor in the licensed premises.
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 the O. Reg. 719/90. The Board accepted the withdrawal of all other allegations contained in the Notice of Proposal dated April 24, 2006, and the Supplementary Notice of Proposal dated January 12, 2007;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1281993 Ontario Inc. for premises operating as Dooly’s at 8520 Jane Street, Units 8 & 9, Vaughan, Ontario, L4K 5A9, licence number 806319 be SUSPENDED for SEVENTEEN (17) consecutive days to COMMENCE at 11:00 a.m. on July 4, 2007 and CONTINUE until 2:00 a.m. on July 21, 2007.
DATED AT TORONTO THIS 5TH DAY OF APRIL 2007.
PATRICIA MCQUAID, VICE-CHAIR ALLAN HIGDON, BOARD MEMBER
PM/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 1281993 ONTARIO INC. OPERATING AS DOOLY’S AT 8520 JANE STREET, UNITS 8 & 9, VAUGHAN, LICENCE NUMBER 806319
AGREED STATEMENT OF FACTS
The Licence holder, having consulted legal counsel, and Registrar’s Agent agree to the following:
On January 28, 2006 a patron was intoxicated in the licensed premises.
On October 28, 2006, two minors were served liquor in the licensed premises.
Based on the facts in the above paragraphs, the licence holder admits to violations of:
(i) subsection 45 (1) of Ontario Regulation 719/90 under the Liquor Licence Act [permitting drunkenness];
(ii) subsection 30 (4) of the Liquor Licence Act [permitting minors to consume]
- The licence holder has previously served a seven day suspension in 2006 for
permitting a minor to consume alcohol.
JOINT SUBMISSIONS ON DISPOSITION
The Licence Holder, having consulted with legal counsel, and Registrar’s Agent submit that the following disposition is appropriate in these circumstances:
A seventeen (17) day suspension of the liquor licence.
Should the Board accept this Agreed Statement of Facts and order the Joint Submissions
on Disposition as set out herein, then the Registrar shall withdraw all remaining allegations as set out in the Notice of Proposal number 14052 dated April 24th, 2006, and the Supplementary Notice of Proposal dated January 12th, 2007.
Dated in Toronto this 4th day of April, 2007.
Noel Rebick Sujin Chan
for the Licence Holder Agent for the Registrar
“I have the authority to bind
the corporation”
Noel Gerry
Counsel for the Licence Holder