ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission Ontario Registrar
-and-
1254667 Ontario Inc. O/A Mr. Bob’s Gourmet PIzza Licensee
DECISION
Panel: David C. Gavsie, Chair Bruce Monteith, Member
Decision Date: May 30, 2007 Hearing Location: Peterborough, Ontario
Appearances: Registrar, Alcohol and Gaming Commission: Joyce Taylor, Representative 1254667 Ontario Inc., Licensee: Jeffrey Ayotte, Representative
A hearing into a Notice of Proposal dated January 9, 2007, to revoke the liquor licence issued to 1254667 Ontario Inc., operating as MR. BOB’S GOURMET PIZZA, 655 The Queensway, Unit 1-4, Peterborough, Ontario, K9J 7M1, licence number 202449, (the Licence) on the basis of alleged violations of clause 6(2)(d) of the Liquor Licence Act (LLA) and subsection 45(2) of Ontario Revised Regulation 719/90 (O. Reg) made pursuant to the LLA was held on May 28, 2007, in the City of Peterborough.
Joyce Taylor, Registrar’s Representative, and Jeffrey Ayotte, Licensee’s Representative submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision. It was agreed that:
On four occasions through October 2006, an undercover police officer purchased cocaine from a waitress in the establishment and was given Perocet tablets by a patron and a part time employee.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(2) of O. Reg. The Board accepted the withdrawal of the remaining allegations.
Order
Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to 1254667 Ontario Inc., operating as MR. BOB’S GOURMET PIZZA, 655 The Queensway, Unit 1-4, Peterborough, Ontario, K9J 7M1, licence number 202449, be SUSPENDED for TWENTY-FIVE (25) consecutive days to COMMENCE at 11:00 a.m. on July 15, 2007, and CONTINUE until 2:00 a.m. on August 9, 2007.
Further, the Board orders that the following conditions be attached to the licence:
a) No money shall be kept in the establishment except in the cash register, a safe or a wallet on a person or a change pouch containing the Licensee’s funds.
b) Employees shall ensure that all personal belongings are kept in a secure area outside the licensed area.
c) The Licensee shall not employ any person who has been under the influence of alcohol or an illegally obtained controlled substance while working at the establishment, as defined by the Controlled Drugs and Substances Act.
d) The Licensee shall not employ any person whom the Licensee is aware of having been convicted of an offence under the Controlled Drugs and Substances Act.
e) The Licensee shall not employ any person whom the Licensee has been advised by a law enforcement authority as being a person who is known to possess illegally obtained controlled substances and drugs and/or traffic in controlled drugs or substances as defined by the Controlled Drugs and Substances Act.
DATED AT TORONTO THIS 30th DAY OF MAY, 2007.
DAVID C. GAVSIE, CHAIR BRUCE MONTEITH, BOARD MEMBER
BM/rb
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF 1254667 ONTARIO INC. OPERATING AS MR. BOB’S GOURMET PIZZA, 655 THE QUEENSWAY, UNITS 1-4, PETERBOROUGH LICENCE NO. 202449
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 Revoke a Licence dated January 9, 2007.
On four occasions through October 2006 an undercover police officer purchased cocaine from a waitress in the establishment and was given Perocet tablets by a patron and a part time employee.
Based on the above-mentioned facts, the Licensee admits to having breached s. 45(2) of Ontario Revised Regulation 719/90.
JOINT SUBMISSION ON DISPOSITION
Whereas the licensee was previously suspended for 5 days in 2000 for breaching s. 33(1) of Ontario Revised Regulation 719/90.
The Licensee who has been advised by counsel and Registrar’s counsel submit that the following disposition is appropriate in the circumstances:
There shall be a twenty-five (25) day suspension of liquor licence 202449 commencing on July 15, 2007 at 11:00am and continuing until August 9, 2007 at 2:00am.
The following conditions shall be attached to liquor licence 202449:
a) No money shall be kept in the establishment except in the cash register, a safe or a wallet on a person or a change pouch containing the Licensee’s funds.
b) Employees shall ensure that all personal belongings are kept in a secure area outside the licensed area.
c) The Licensee shall not employ any person who has been under the influence of alcohol or an illegally obtained controlled substance while working at the establishment, as defined by the Controlled Drugs and Substances Act.
d) The Licensee shall not employ any person whom the Licensee is aware of having been convicted of an offence under the Controlled Drugs and Substances Act.
e) The Licensee shall not employ any person whom the Licensee has been advised by a law enforcement authority as being a person who is known to possess illegally obtained controlled substances and drugs and/or traffic in controlled drugs or substances as defined by the Controlled Drugs and Substances Act.
Dated at Peterborough this 28th day of May 2007.
1254667 Ontario Inc.
Tracy Robinson “I have authority to bind the Corporation”
Joyce A. Taylor Counsel for the Registrar
Jeffrey D. Ayotte Counsel for the Licensee