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-
Costin Hotels Limited O/A Grand Central Tavern Licensee
DECISION
Panel: Allan Higdon, Board Member Beryl Ford, Board Member
Decision Date: July 4, 2007 Hearing Location: Windsor, 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.on.ca
Appearances Registrar, Alcohol and Gaming Commission ) Brad Alton, Representative Costin Hotels Limited, Licensee ) Craig Allen, Representative
1A hearing into a Notice of Proposal dated March 22, 2007 to suspend liquor license number 92285 issued to Costin Hotels Limited and operating as GRAND CENTRAL TAVERN, 64 Talbot Street North, Essex, Ontario, N8M 1A2, on the basis of alleged violations of section 29 of the Liquor Licence Act (“LLA”) and subsection 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on June 19, 2007 in the City of Windsor.
2Brad Alton and Craig Allen 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 February 3, 2007, drunken patrons were in the licensed premises and were served liquor in spite of their intoxicated condition.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 of the LLA and subsection 45(1) of O.Reg.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to GRAND CENTRAL TAVERN, 64 Talbot Street North, Essex, Ontario, N8M 1A2, licence number 92285, be suspended for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on August 19, 2007 and CONTINUE until 2:00 a.m. on September 2, 2007.
DATED AT TORONTO THIS 4th DAY OF JULY, 2007.
BERYL FORD, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER
Attached.
BF/sm
AGREED STATEMENT OF FACTS
IN THE MATTER OF THE LIQUOR LICENCE ACT R.S.O. 1990,c.L.19,subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF COSTIN HOTELS LIMITED, OPERATING AS GRAND CENTRAL TAVERN, 64 TALBOT STREET NORTH, ESSEX LICNECE NUMBER 0092285
NOTICE OF PROPOSAL NUMBER
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 22, 2007.
On February 3, 2007, drunken patrons were in the licensed premises and were served liquor in spite of their intoxicated appearance.
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 and section 29 of the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
IN THE MATTER OF THE LIQUOR LICENCE ACT R.S.O. 1990,c.L.19,subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF COSTIN HOTELS LIMITED, OPERATING AS GRAND CENTRAL TAVERN, 64 TALBOT STREET NORTH, ESSEX LICNECE NUMBER 0092285
NOTICE OF PROPOSAL NUMBER
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 March 22, 2007, is appropriate in these circumstances.
There shall be a FOURTEEN (14) day suspension of liquor licence #92285 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 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.
Should the Board members make the findings as agreed to and impose the disposition as submitted then Registrar’s Counsel will withdraw the remaining allegation(s), if any, in the Notice of Proposal.
Dated at Windsor this 19th day of June, 2007.
Craig Allen Brad Alton, Counsel for the Counsel for the Licence Holder Registrar of the AGCO
“I have authority to bind the corporation licensee”