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-
Larry Chien Enterprises Inc. O/A Brunswick Tavern
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair
Decision Date: June 21, 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
Larry Chien Enterprises Inc., Licensee ) Bruce Olmsted, Representative
1. A teleconference hearing into a Notice of Proposal dated March 5, 2007 to suspend liquor licence number 92181 issued to Larry Chien Enterprises Inc. and operating as Brunswick Tavern, 925 Talbot St., St. Thomas, Ontario, N5P 1E6, on the basis of alleged violations of subsections 45(1), 45(2) and 17(2) of the Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA), was held on June 11, 2007 in the City of Toronto.
2. Bryna Kaplan, Registrar’s Representative, and Bruce Olmsted, 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 May 19, 2006 and on August 8, 2006 found patrons openly smoking marijuana in the licensed premises.
On September 17, 2006, a patron threw a beer bottle at a police officer from the unsupervised patio.
Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 45(1) and 45(2) of the O.Reg. The Board accepted the withdrawal of the remaining allegation.
Order
5. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to Larry Chien Enterprises Inc. and operating as Brunswick Tavern, 925 Talbot St., St. Thomas, Ontario, N5P 1E6, licence number 92181 be suspended for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on August 18, 2007 and CONTINUE until 2:00 a.m. on September 1, 2007.
6. Further the Board ORDERS the following condition be added to the licence, on consent of the Licensee:
“All beverages shall be served on the patio in soft plastic or paper cups or paper cups/containers.”
DATED AT TORONTO THIS 21 DAY OF JUNE 2007.
PATRICIA MCQUAID, VICE-CHAIR
PM/mw
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTEROF THE LIQUOR LICENCE OF LARRY CHIEN ENTERPRISES INC. OPERATING AS BRUNSWICK TAVERN, 925 TALBOT ST.,
ST. THOMAS, LICENCE NUMBER 92181
NOTICE OF PROPOSAL NUMBER 14993
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel and Registrar’s Counsel, agree to the following with respect to the Notice of Proposal to suspend a Licence dated March 5, 2007:
An inspection on May 19, 2006 and August 8, 2006, found patrons openly smoking marijuana in the licensed premises.
Based on the facts in paragraph 1, the Licence Holder admits to violations of subsection 45(2) of Ontario Regulation 719/90 under the Liquor Licence Act.
On September 17, 2006, a patron threw a beer bottle at a police officer from the unsupervised patio.
Based on the facts in paragraph 3, the Licence Holder admits to a violation of subsection 45 (1) of Ontario Regulation 719/90 under the Liquor Licence Act.
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTEROF THE LIQUOR LICENCE OF LARRY CHIEN ENTERPRISES INC. OPERATING AS BRUNSWICK TAVERN, 925 TALBOT ST.,
ST. THOMAS, LICENCE NUMBER 92181
NOTICE OF PROPOSAL NUMBER 14993
JOINT SUBMISSION ON 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 # 92181 to be served consecutively within NINETY (90) days of today’s date, on dates to be provided in writing to the Manager of Hearings within SEVEN (7) days of the date this Joint Submission on Disposition is heard and approved by the Board, failing which dates shall be imposed by the Board without further consultation with the Licensee. Furthermore, the Licensee is aware that the proposed suspension cannot start within 20 days of the date of acceptance by the Board.
The Licence Holder consents to the following condition being added to liquor licence #92181:
“All beverages shall be served on the patio in soft plastic or paper cups or paper cups/containers.”
- Should the Board members make the findings as agreed to and impose the disposition as submitted, then Registrar’s Counsel will withdraw the remaining allegations(s), if any, in the Notice of Proposal.
Dated this 6th day of June, 2007.
Bruce Olmsted Brad Alton, Counsel for the
Counsel for the Licence Holder Registrar of the AGCO
Larry Yung Loh Chien
Licence Holder
“I have the authority to bind the corporate licensee”