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-
1491865 Ontario Inc.
O/A Cop Shop Café (The)
Licensee
DECISION
Panel: Kirsti Hunt, Vice Chair
Decision Date: July 3, 2007
Hearing Location: Toronto, Ontario
Appearances
Registrar, Alcohol and Gaming Commission ) Joyce Taylor, Representative
1491865 Ontario Inc., Licensee ) Robert Plouffe, Representative
- A hearing into a Notice of Proposal dated July 6, 2006, to suspend the liquor licence issued to 1491865 Ontario Inc., for premises operating as Cop Shop Café (The), 2544 Speers Road, Oakville, Ontario, L6L 5W8, licence number 24809 (the Licence) on the basis of alleged violation of subsection 45(1) of Ontario Revised Regulation 719/90 (O. Reg.) made pursuant to the Liquor Licence Act (LLA), was held November 30, 2006, April 24, 2007, and via teleconference on June 29, 2007, in the City of Toronto.
Preliminary Matter
On consent of the Parties, the Board member, Kirsti Hunt, continued and completed the hearing in the absence of the other panel member, Eleanor Meslin.
Joyce Taylor, Registrar’s Representative, and Robert Plouffe, 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:
On March 31, 2006, police officers and a liquor inspector visited the licensed premises and found a drunken patron was permitted in the licensed establishment.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O. Reg under the LLA.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to 1491865 Ontario Inc., for premises operating as Cop Shop Café (The), 2544 Speers Road, Oakville, Ontario, L6L 5W8, licence number 24809, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on July 13, 2007, and CONTINUE until 2:00 a.m. on July 20, 2007.
DATED AT TORONTO THIS 3rd DAY OF JULY, 2007.
KIRSTI HUNT, VICE CHAIR
KH/rb
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF
1491865 ONTARIO INC., OPERATING AS
COP SHOP CAFÉ (THE),
2544 SPEERS ROAD, OAKVILLE,
LICENCE NO. 24809
AGREED STATEMENT OF FACTS
The Licensee, who has been advised of his right to retain a lawyer, and having waived that right and chosen to proceed without a lawyer, has agrees with Registrar’s Counsel to the following facts in relation to the Notice of Proposal to Suspend a Licence dated July 6, 2006.
On March 31, 2006, police officers and a liquor inspectors visited the licensed premises and found a drunken patron was permitted in the licensed establishment.
Based on the above-mentioned facts, the licensee 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 a lawyer and having waived that right and elected to proceed without lawyer and Registrar’s counsel jointly submit that the following disposition is appropriate in the circumstances:
There shall be a seven (7) day suspension of liquor licence number 24809, dates to be provided in writing to the Manager of Hearings section of the Alcohol and Gaming Commission of Ontario, 90 Sheppard Ave. E., Suite 300, Toronto, ON, M2N 0A4, fax (416) 326-5566, within seven (7) days of today’s date, failing which the dates shall be set by the Board without further consultation with the Licensee. The suspension cannot commence for at least twenty (20) days following notification, and must be completed within ninety (90) days of the hearing date.
Should the Board accept the Agreed Statement of Facts and order the submission as set out in the Joint Submission on Disposition, the Registrar shall withdraw any remaining allegation set out in the Notice of Proposal to Suspend a Licence dated July 6, 2006.
Respectfully submitted this 29th day of June, 2007.
1491865 ONTARIO INC.
Rasalingham Visvanathar Joyce A. Taylor
“I have authority to bind the Corporation” Counsel for the Registrar
Robert Plouffe
Agent for the Licensee