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-
D.N.H. Hospitality Inc. O/A Cock & Lion Ale House & Pub Licensee
DECISION
Panel: Alex McCauley, Chair of the Panel David C. Gavsie, Chair of the AGCO
Decision Date: June 26, 2007 Hearing Location: Ottawa
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: Joyce Taylor, Representative D.N.H. Hospitality Inc., Licensee: Dennis Hinds, on behalf of the Corporation
A hearing into a Notice of Proposal dated March 20, 2007 to suspend liquor license number 202556 issued to D.N.H. Hospitality Inc. operating as COCK & LION ALE HOUSE & PUB, 202 Sparks Street, Basement Level, Ottawa, Ontario, K1P 5C1, on the basis of alleged violations of subsection 30.1(1) of the Liquor Licence Act (“LLA”) and subsections 20(1) and 45(1) of Ontario Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on June 21, 2007 in the City of Ottawa.
Dennis Hinds is the sole officer, director and shareholder of the licensee corporation. He appeared on behalf of the Corporation and waived the right to be represented by a barrister and solicitor.
Joyce Taylor and Dennis Hinds 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 September 16, 2006 a liquor inspector visited the licensed premises and found a patron showing signs of drunkenness in the establishment.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of 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 D.N.H. Hospitality Inc. operating as COCK & LION ALE HOUSE & PUB, 202 Sparks Street, Basement Level, Ottawa, Ontario, K1P 5C1, licence number 202556, be SUSPENDED for FOUR (4) consecutive days to COMMENCE at 11:00 a.m. on August 31, 2007 and CONTINUE until 2:00 a.m. on September 4, 2007.
DATED AT TORONTO THIS 26th DAY OF JUNE, 2007.
DAVID C. GAVSIE, CHAIR OF AGCO ALEX MCCAULEY, CHAIR OF PANEL
Attached DCG/sm
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990,c.L.19,s. 15(1) and 21(1)
AGREED STATEMENT OF FACTS
The Licensee, who has advised of his right to counsel and having waived that right and chosen to proceed without a lawyer, agrees with Registrar’s counsel to the following facts in relation to the Notice of Proposal to Suspend a Licence dated March 20, 2007.
On September 16, 2006 a liquor inspector visited the licensed premises and found a patron showing signs of drunkenness in the establishment.
Based on the above-mentioned facts the Licence Holder admits to having breached section 45(1) of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
Whereas this Licensee has no prior adverse record before the Board,
The Licensee, who has been advised of his right to counsel and having waived that right and chosen to proceed without a lawyer, jointly submits with Registrar’s counsel that the following disposition is appropriate in the circumstances:
There shall be a four (4) day suspension of the liquor licence 202556 to be served from August 31, 2007 at 11:00 a.m. and continuing until September 4, 2007 at 2:00 a.m.
Should the Board find the facts set out in the Agreed Statement of Facts and order the sanction set out in this Joint Submission on Disposition, the Registrar shall withdraw all remaining allegations set out in the Notice of Proposal to Suspend a Licence dated March 20, 2007.
Respectfully submitted the 21st day of June, 2007.
D.N.H. HOSPITALITY INC.
Dennis Hinds “I have authority to bind the Corporation”
Joyce A. Taylor Registrar’s Counsel