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-
Wilmac Glengarry Inc. O/A Atlantic Hotel Licensee
DECISION
Panel: Alex McCauley, Member Decision Date: August 22, 2007 Hearing Location: Toronto, 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.gov.on.ca
Appearances
Registrar, Alcohol and Gaming Commission: Richard Kulis, Representative Wilmac Glengarry Inc., Licensee: Jamie MacDonald
1A teleconference hearing into a Notice of Proposal dated March 14, 2007 to suspend liquor license number 10634 (the Licence) issued to Wilmac Glengarry Inc. operating as Atlantic Hotel, 36 McDougall St., Alexandria, Ontario, K0C 1A0 on the basis of an alleged violation of subsection 45(1) of the Ontario Regulation 719/90 (O. Reg) made pursuant to the LLA, was held on August 13, 2007 in the City of Toronto.
2Jamie MacDonald is a shareholder/officer/director of the Licensee. He appeared on behalf of the Corporation and waived the right to be represented by a barrister and solicitor.
3Richard Kulis, Registrar’s Representative, and the Licensee 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 January 6, 2007 a drunken patron was permitted in the licensed premises.
4Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O. Reg.
Order
5Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Wilmac Glengarry Inc., operating as Atlantic Hotel, 36 McDougall St., Alexandria, Ontario, K0C 1A0, licence number 10634, be SUSPENDED for FIVE (5) consecutive days to COMMENCE at 11:00 a.m. on September 7, 2007, and CONTINUE until 2:00 a.m. on September 12, 2007.
DATED AT TORONTO THIS 22nd DAY OF August 2007.
ALEX MCCAULEY, MEMBER AM/EE
Attached
AGREED STATEMENT OF FACTS
IN THE MATTER OF THE LIQUOR LICENCE ACT R.S.O. 1990, chapter L.19, subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF WILMAC GLENGARRY INC. OPERATING AS ATLANTIC HOTEL, 36 MCDOUGALL STREET, ALEXANDRIA LICENCE NUMBER 0010634
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and having declined that right and agreed to proceed without legal counsel, and the Registrar’s representative agree to the following:
- On January 6, 2007 a drunken patron was permitted in the licensed premises.
- Based on the facts in paragraph 1, the licence holder admits to a violation 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.
JOINT SUBMISSION ON DISPOSITION
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and has declined that right and agreed to proceed without legal counsel, and the Register’s representative submit that the following disposition is appropriate in these circumstances:
- A five (5) day suspension of the liquor licence to start at 11:00 a.m. on Friday, September 7, 2007, and CONTINUE until 2:00 a.m. on Wednesday, September 12, 2007.
Dated in Toronto this 8th day of August 2007
For the licence holder Richard E. Kulis, for the Registrar of the AGCO