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-
Richard Allan McMaster O/A New Royal Tavern
Licensee
DECISION
Panel: Allan Higdon, Member Brian J. Ford, Member
Decision Date: May 31, 2007
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone (416) 326- 0366 Fax (416) 326-5566 Website:agco.gov.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Brad Alton, Representative Richard Allan McMaster, Licensee ) Kevin Davis, Representative
The Application
A hearing into a Notice of Proposal dated December 14, 2006 to suspend a licence and to add a condition to licence number 92155 issued to Richard Allan McMaster operating as New Royal Tavern, 11 Mechanic St., Paris, Ontario, N3L 1K1, on the basis of alleged violation(s) of section 29 of the Liquor Licence Act (LLA) and section 43 and subsections 45 (1) and 34 (1) of Ontario Regulation 719/90 (O.Reg) made pursuant to the LLA, was held on May 25, 2007 in the City of Toronto.
Brad Alton, Registrar’s Representative, and Kevin Davis, 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 and admitted that:
An inspection on April 30, 2006, found that there were more than 86 people in an area licensed for only 86 people.
On March 5, 2006, a patron was permitted to remove liquor from the licensed premises.
On May 12, 2006, drunken patrons were in the licensed premises.
Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 and subsections 45(1) and 34 (1) of O. Reg. The Board accepted the withdrawal of the remaining allegation.
Order
Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Richard Allan McMaster operating as New Royal Tavern, 11 Mechanic St., Paris, Ontario, N3L 1K1, licence number 92155 be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on June 7, 2007, and CONTINUE until 2:00 a.m. on June 21, 2007.
Further, the Board ORDERS that the following condition be attached to the licence:
“All managers, server of liquor and security staff must hold certificates of a Board approved server training program course completion within 90 days of the commencement of employment.”
DATED AT TORONTO THIS 31^ST^ DAY OF MAY 2007.
ALLAN HIGDON, MEMBER BRIAN J. FORD, MEMBER
Attached
AH/mw
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O 1990, chapter L.19, subsections 15 (1) and 21 (1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF
RICHARD ALLAN MCMASTER OPERATING AS
NEW ROYAL TAVERN
11 MECHANIC STREET, PARIS
LICENCE NUMBER 92155
NOTICE OF PROPOSAL NUMBER 14765
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel and Registrar’s Agent agree to the following with respect to the Notice of Proposal to Suspend a Licence:
An inspection on April 30, 2006, found that there were more than 86 people in an area licensed for only 86 people.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of section 43 of Ontario Regulation 719/90 under the Liquor Licence Act.
On March 5, 2006, a patron was permitted to remove liquor from the licensed premises.
Based on the facts in paragraph 3, the Licence Holder admits to a violation of subsection 34 (1) of Ontario Regulation 719/90 under the Liquor Licence Act.
On May 12, 2006, drunken patrons were in the licensed premises.
Based on the facts in paragraph 5, 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 Regarding Disposition
The Licence Holder, having consulted legal counsel and Registrar’s Counsel, submit that the following disposition, with respect to the Notice of Proposal to Suspend a Licence, is appropriate in these circumstances:
There shall be a FOURTEEN (14) day suspension of liquor licence #92155 to be served consecutively commencing at 11:00 a.m., on June 7, 2007 and ending at 2:00 a.m. on June 21, 2007.
The Licence Holder consent to the following condition being added to liquor licence #92155:
“All managers, server of liquor and security staff must hold certificates of a Board approved server training program course completion within 90 days of the commencement of employment.”
Dated this 17^th^ of May, 2007.
Kevin Davis Brad Alton
Counsel for the licence holder Counsel for the Registrar of the AGCO