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-
1698821 Ontario Inc. O/A Philthy McNasty’s
Licensee
DECISION
Panel: David C. Gavsie, Chair of the AGCO
Decision Date: June 6, 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: www.agco.gov.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Bryna Kaplan, Representative
1698821 Ontario Inc., Licensee ) Robert Plouffe, Representative
A teleconference hearing into a Notice of Proposal dated April 12, 2007 to suspend a licence and to add a condition to liquor license number 24766 issued to 1698821 Ontario Inc. and operating as PHILTHY MCNASTY’S, 9712 Yonge Street, Richmond Hill, Ontario, L4C 1V9, on the basis of alleged violation of subsection 30(4) of the Liquor Licence Act (“LLA”) was held on June 1, 2007 in the City of Toronto.
Bryna Kaplan and Robert Plouffe 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:
On January 26, 2007, an inspection found that a person under the age of 19 years was permitted to consume liquor in the licensed premises.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30(4) of the LLA. The Board accepted the withdrawal of the request for a condition on the licence.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral Order that the liquor licence issued to 1698821 Ontario Inc. and operating as PHILTHY MCNASTY’S, 9712 Yonge Street, Richmond Hill, Ontario, L4C 1V9, licence number 24766, be suspended for FOUR (4) consecutive days to COMMENCE at 11:00 a.m. on June 12, 2007 and CONTINUE until 2:00 a.m. on June 16, 2007.
DATED AT TORONTO THIS 6th DAY OF MAY, 2007.
DAVID C. GAVSIE, CHAIR OF THE AGCO
DCG/sm
Attached.
AGREED STATEMENT OF FACTS
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF
1698821 ONTARIO INC.,
OPERATING AS PHILTHY MCNASTY’S
9715 YONGE STREET, RICHMOND HILL
LICNECE NUMBER 24766
NOTICE OF PROPOSAL NUMBER 15126
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 with respect to the Notice of Proposal to Suspend a Licence and Add a Condition to the Licence dated April 12, 2007:
On January 26, 2007, an inspection found that a person under the age of 19 years was permitted to consume liquor in the licensed premises.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of Subsection 30(4) of the Liquor Licence Act.
The Licence Holder has no prior adverse record with the Commission.
JOINT SUBMISSION ON DISPOSITION
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF
1698821 ONTARIO INC.,
OPERATING AS PHILTHY MCNASTY’S
9715 YONGE STREET, RICHMOND HILL
LICNECE NUMBER 24766
NOTICE OF PROPOSAL NUMBER 15126
The Licence Holder, who is not represented 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:
There shall be a FOUR (4) day suspension of liquor licence number 24766 to be served consecutively commencing at 11:00 a.m. , on June 12, 2007 and ending at 2:00 a.m., on June 16, 2007.
Should the Board members make the findings as agreed and impose the disposition as submitted, then Registrar’s Counsel will withdraw the request for the addition of the condition excluding minors from the licensed premises.
Dated this 31 day of May, 2007.
Joseph Maria Bryna Kaplan per Brad Alton, Counsel for the
Licence Holder Registrar of the AGCO
“I have authority to bind the corporate licensee”
Robert (Bob) J. Plouffe
Agent for the Licence Holder
“I have the authority to bind the corporate licensee.”