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-
2029959 Ontario Ltd. O/A Tabu Bar and Grill Licensee
DECISION
Panel: David C. Gavsie, Chair Guy Maurice, Member
Decision Date: July 5, 2007
Hearing Location: Windsor, Ontario
Appearances
Registrar, Alcohol and Gaming Commission ) Brad Alton, Representative 2029959 Ontario Ltd., Licensee ) Andrew Bradie, Representative
A hearing into a Notice of Proposal dated August 3, 2006, to revoke the liquor licence issued to 2029959 Ontario Ltd., for premises operating as TABU BAR AND GRILL, 552/556 Ouellette Avenue, Windsor, Ontario, N9A 1B7, licence number 809160 (the Licence) on the basis of alleged violations of subsections 30(3) and 30(4) of the Liquor Licence Act (LLA) and subsections 41(1) and 45(1) of Ontario Revised Regulation 719/90 (the O. Reg.) made pursuant to the LLA, was held on June 29, 2007, in the City of Windsor.
Brad Alton, Registrar’s Representative, and Andrew Bradie, 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) An investigation by AGCO liquor inspectors and OPP revealed that minors were employed in the establishment and permitted to serve/sell alcohol and consume liquor commencing on January 06, 2006, and on various dates including, but no limited to, January 7, 15, 17, 20, 21, 28, 2006 and March 18, 25, 2006, and April 16, 21, 22, 2006;
(b) An investigation by AGCO liquor inspectors and OPP revealed that the licensee had failed to inspect the identification of apparent minors on April 06, 2006;
(c) An investigation by AGCO liquor inspectors and OPP revealed that an employee of the establishment who was under the age of 19 consumed liquor in the licensed premises and became intoxicated on December 31, 2005, and April 15, 2006.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30(4) of the LLA and subsections 41(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 2029959 Ontario Ltd., for premises operating as TABU BAR AND GRILL, 552/556 Ouellette Avenue, Windsor, Ontario, N9A 1B7, licence number 809160, be SUSPENDED for FORTY (40) consecutive days to COMMENCE at 11:00 a.m. on November 1, 2007, and CONTINUE until 2:00 a.m. on December 11, 2007.
Further, the Board ORDERS the following condition be added to the liquor licence on the consent of the licensee:
“Michael (Mike) Stannard shall not be an officer, director, shareholder, manager or involved in any supervisory capacity of the licensed premises and may be only involved in the operation in the capacity of a bartender.”
DATED AT TORONTO THIS 5th DAY OF JULY, 2007.
DAVID C. GAVSIE, CHAIR GUY MAURICE, BOARD MEMBER
DCG/rb
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF
2029959 ONTARIO LTD., OPERATING AS TABU BAR & GRILL,
552/556 OUELLETTE AVENUE, WINDSOR,
LICENCE NUMBER 809160
NOTICE OF PROPOSAL NUMBER 14279
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 Revoke a Licence dated August 3, 2006:
An investigation by AGCO liquor inspectors and OPP revealed that minors were employed in the establishment and permitted to serve/sell alcohol and consume liquor commencing on January 06, 2006, and on various dates including, but no limited to, January 7, 15, 17, 20, 21, 28, 2006 and March 18, 25, 2006, and April 16, 21, 22, 2006;
Based on the facts in paragraph 1, the Licence Holder admits to violations of subsection 30(4) of the Liquor Licence Act.
An investigation by AGCO liquor inspectors and OPP revealed that the licensee had failed to inspect the identification of apparent minors on April 06, 2006;
Based on the facts in paragraph 3, the Licence Holder admits to a violation of subsection 41(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
An investigation by AGCO liquor inspectors and OPP revealed that an employee of the establishment who was under the age of 19 consumed liquor in the licensed premises and became intoxicated on December 31, 2005, and April 15, 2006.
Based on the facts in paragraph 5, the Licence Holder admits to violations of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The Licence Holder has no prior adverse record with the Commission.
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF
2029959 ONTARIO LTD., OPERATING AS TABU BAR & GRILL,
552/556 OUELLETTE AVENUE, WINDSOR,
LICENCE NUMBER 809160
NOTICE OF PROPOSAL NUMBER 14279
JOINT SUBMISSION ON 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 Revoke a Licence dated August 03, 2006, is appropriate in these circumstances:
There shall be a FORTY (40) day suspension of liquor licence #0809160 to be served consecutively commencing on November 01, 2007 at 11:00 a.m. and ending at 2:00 a.m. on December 11, 2007,
The Licence Holder consents to the addition of the following condition being added to the liquor licence:
“Michael (Mike) Stannard shall not be an officer, director, shareholder, manager or involved in any supervisory capacity of the licensed premises and may be only involved in the operation in the capacity of a bartender.”
- 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(s), if any, in the Notice of Proposal.
Dated at Windsor this 29th day of June, 2007.
Andrew Bradie Brad Alton, Counsel for the Counsel for the Licence Holder Registrar of the AGCO
Brian Peter (Pieter) Deklerk Licence Holder “I have authority to bind the corporate licensee”