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-
1600970 Ontario Limited O/A Merchant Tap House (The)
Licensee
DECISION
Panel: Allan Higdon, Board Member Brian J. Ford, Board Member
Decision Date: June 19, 2007
Hearing Location: Kingston, 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 ) Joyce Taylor, Representative
1600970 Ontario Limited, Licensee ) Clyde Smith, Representative
[1]. A hearing into a Notice of Proposal dated December 11, 2006 to suspend liquor license number 809210 issued to 1600970 Ontario Limited and operating as MERCHANT TAP HOUSE (THE), 6 Princess Street, Kingston, Ontario, K7L 1A2 on the basis of alleged violations of subsections 20(1) and 45(1) of Ontario Revised Regulation 719/90 ("O.Reg") made pursuant to the Liquor Licence Act was held on June 12, 2007 in the City of Kingston.
[2]. Joyce Taylor, and Clyde Smith submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which forms part of this decision. It was agreed and admitted that:
On June 24, 2006 the licensee of record was a patron in the establishment. He purchased liquor for other patrons. He became involved in an altercation in the establishment and was subsequently found to be showing signs of intoxication in the licensed premises.
On August 13, 2006 a drunken patron was permitted in the licensed premises.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 20(1) and 45(1) of O.Reg.
Order
[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to 1600970 Ontario Limited and operating as MERCHANT TAP HOUSE (THE), 6 Princess Street, Kingston, Ontario, K7L 1A2, licence number 809210, be suspended for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on September 2, 2007 and CONTINUE until 2:00 a.m. on September 16, 2007.
DATED AT TORONTO THIS 19th DAY OF JUNE, 2007.
BRIAN J. FORD, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER
Attached.
BJF/sm
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990,c.L.19,s. 15(1) and 21(1)
AND IN THE MATTER OF THE LIQURO LICENCE OF
1600970 ONTARIO LIMITED OPERATING AS
THE MERCHANT TAP HOUSE, 6 PRINCESS STREET, KINGSTON
LICENCE NO. 809210
AGREED STATEMENT OF FACTS
The licensee who has been advised by counsel and Registrar's counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated December 11, 2006.
On June 24, 2006 the licensee of record was a patron in the establishment. He purchased liquor for other patrons. He became involved in an altercation in the establishment and was subsequently found to be showing signs of intoxication in the licensed premises.
On August 13, 2006 a drunken patron was permitted in the licensed premises.
Based on the aforementioned facts the licensee admits to having breached s.20(1) and 45(1) of O.Reg. 719/90.
JOINT SUBMISSION ON DISPOSITION
Whereas this licensee has no prior adverse record before the Board.
The licensee who has been advised by counsel and Registrar's counsel jointly submit that the following disposition is appropriate n the circumstances.
- There shall be a fourteen (14) day suspension of liquor licence 809210 to be served on dates to be provided to the Manager of the Hearings Section of the Alcohol and Gaming Commission of Ontario, fax (416) 326-5566 within seven (7) days of today's date failing which the Board shall set the dates of the suspension without further consultation with the Licensee. The suspension cannot commence for at least twenty (20) days following notification and must be commenced within ninety days of today's date.
Submitted this 12th day of June, 2006.
1600970 ONTARIO LIMITED
David McNamara Joyce A. Taylor, Counsel for the Registrar
"I have authority to bind the corporation"
Clyde Smith, Counsel for the Licensee