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-
1159436 Ontario Ltd. O/A Silver Spur (The)
Licensee
DECISION
Panel: Guy Maurice, Board Member 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 1159436 Ontario Ltd., Licensee ) Thomas Ferguson, on behalf of the Corporation
1A teleconference hearing into a Notice of Proposal dated March 6, 2007 to suspend liquor license number 800487 issued to 1159436 Ontario Ltd operating as SILVER SPUR (THE), 26-28 King Street North, Waterloo, Ontario, N2V 2W7, on the basis of alleged violation subsection 45(1) of Ontario Regulation (“O.Reg”) made pursuant to the LLA, was held on March 6, 2007 in the City of Toronto.
2Thomas Ferguson is the sole office, director and shareholder of the licensee corporation. He appeared on his own behalf and waived the right to be represented by a barrister and solicitor.
3Bryna Kaplan and Thomas Ferguson 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 November 5, 2006, drunken patrons were involved in a fight in the licensed premises.
4Based on the Agreed Statement of Facts, the Board the Board found the Licensee breached subsection 45(1) of O.Reg.
Order
5Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to1159436 Ontario Ltd operating as SILVER SPUR (THE), 26-28 King Street North, Waterloo, Ontario, N2V 2W7, licence number 800487, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on June 24, 2007 and CONTINUE until 2:00 a.m. on July 4, 2007.
DATED AT TORONTO THIS DAY OF 2007.
GUY MAURICE, BOARD MEMBER
GM/sm
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF
1159436 ONTARIO LTD. OPERATING AS THE SILVER SPUR, 26-28 KING STREET NORTH, WATERLOO LICENCE NO. 800487
AGREED STATEMENT OF FACTS
The licensee, having been advised of its right to Legal Counsel and having waived that right, and Registrar’s Counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated March 6, 2007;
On November 5, 2006, drunken patrons were involved in a fight in the licensed premises.
Based upon the above-admitted facts, the licence holder admits to a violation of subsection 45(1) of Revised Regulation 719/90 under the Liquor Licence Act.
The licensee has no prior adverse record with the Commission.
JOINT SUBMISSION ON DISPOSITION
Whereas the licensee has no prior adverse record with the Commission
The Licensee, having been advised of its right to Legal Counsel and having waived that right, and Registrar’s Counsel, jointly submit that the following disposition is appropriate in these circumstances:
- a ten (10) day suspension of liquor licence number 800487 to be served consecutively, from June 24, 2007 at 11 a.m. until July 4, 2007 at 2 a.m.
Respectfully submitted this 15 day of May, 2007.
Thomas Wayne Ferguson Bryna Kaplan For the Corporate License Holder Counsel to the Registrar, AGCO
“I have authority to bind the Corporation”.