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-
1325790 Ontario Ltd. O/A Capitol Concert Theatre Licensee
DECISION
Panel: David C. Gavsie, Chair Kirsti Hunt, Vice Chair
Decision Date: July 5, 2007 Hearing Location: Kitchener, Ontario
Appearances
Registrar, Alcohol and Gaming Commission ) Brad Alton, Representative 1325790 Ontario Ltd., Licensee ) Michael Lerner, Representative
A hearing into a Notice of Proposal dated January 9, 2007, to suspend the liquor licence issued to 1325790 Ontario Ltd., for premises operating as CAPITOL CONCERT THEATRE, 90 King Street West, Kitchener, Ontario, N2G 1A6, licence number 806889 (the Licence) on the basis of alleged violations of section 6(2)(d) of the Liquor Licence Act (LLA) and subsections 20(1) and 45(1) of Ontario Revised Regulation 719/90 (O. Reg.) made pursuant to the LLA, was held on July 4, 2007, in the City of Kitchener.
Brad Alton, Registrar’s Representative, and Michael Lerner, 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:
(a) On July 30, 2006, drunken patrons were in the licensed premises. As well, a fight broke out involving a drunken patron.
(b) On July 30, 2006, during the “Rock the Block” event in downtown Kitchener, the Licence Holder was selling drinks for $1.75.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 20(1) and 45(1) of the 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 1325790 Ontario Ltd., for premises operating as CAPITOL CONCERT THEATRE, 90 King Street West, Kitchener, Ontario, N2G 1A6, licence number 806889, be SUSPENDED for THIRTEEN (13) consecutive days to COMMENCE at 11:00 a.m. on July 22, 2007, and CONTINUE until 2:00 a.m. on August 4, 2007.
DATED AT TORONTO THIS 5th DAY OF JULY, 2007.
KIRSTI HUNT, VICE CHAIR DAVID C. GAVSIE, CHAIR
KH/rb
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF 1325790 ONTARIO LTD., OPERATING AS CAPITOL CONCERT THEATRE, 195 KING STREET WEST, SUITE 201, KITCHENER, LICENCE NUMBER 806889
NOTICE OF PROPOSAL NUMBER 14830
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 January 09, 2007:
On July 30, 2006, drunken patrons were in the licensed premises. As well, a fight broke out involving a drunken patron.
Based on the facts in paragraph 1, the Licence Holder admits to violations of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
On July 30, 2006, during the “Rock the Block” event in downtown Kitchener, the Licence Holder was selling drinks for $1.75.
Based on the facts in paragraph 3, the Licence Holder admits to a violation of subsection 20(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF 1325790 ONTARIO LTD., OPERATING AS CAPITOL CONCERT THEATRE, 195 KING STREET WEST, SUITE 201, KITCHENER, LICENCE NUMBER 806889
NOTICE OF PROPOSAL NUMBER 14830
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 dated January 09, 2007, is appropriate in these circumstances:
There shall be a THIRTEEN (13) day suspension of liquor licence #806889 to be served consecutively commencing on July 22, 2007, at 11:00 a.m. and ending at 2:00 a.m. on August 04, 2007.
Should the Board members make the findings as agreed to and impose the disposition as submitted then Registrar’s Counsel with withdraw the remaining allegation in the Notice of Proposal.
Dated at Kitchener this 4th day of July, 2007.
Michael Lerner Brad Alton, Counsel for the Counsel for the Licence Holder Registrar of the AGCO
“I have authority to bind the corporate licensee”
Darryl Moore General Manager
“I have authority to bind the corporate licensee”