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-
1228839 Ontario Inc. O/A Golden Tap (The)
Licensee
DECISION
Panel: Guy Maurice, Board Member
Decision Date: August 21, 2007
Hearing Location: Chatham, 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 ) Brad Alton, Representative
1228839 Ontario Inc., Licensee ) Edwin and Rosita Arndt, on behalf ) of the Corporation
A hearing into a Notice of Proposal dated February 19, 2007 to suspend liquor license number 92509 issued to 1228839 Ontario Inc. operating as THE GOLDEN TAP, 429 Grand Avenue East, Chatham, Ontario, N7L 1X4 on the basis of alleged violation of subsection 45(1) of Ontario Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (LLA) was held on August 1, 2007 in the City of Chatham.
Edwin and Rosita Arndt are the officers, directors and shareholders of the Licensee Corporation. They appeared on behalf of the Corporation and waived the right to be represented by a barrister and solicitor.
Brad Alton and Edwin and Rosita Arndt 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 November 9, 2006, a drunken patron in the licensed premises was struck over the head with a beer bottle.
- Based on the Agreed Statement of Facts, the Board the Board found the Licensee breached subsection 45(1) of O.Reg.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1228839 Ontario Inc. operating as THE GOLDEN TAP, 429 Grand Avenue East, Chatham, Ontario, N7L 1X4, licence number 92509, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on September 4, 2007 and CONTINUE until 2:00 a.m. on September 11, 2007.
DATED AT TORONTO THIS 21^st^ DAY OF AUGUST, 2007.
GUY MAURICE, BOARD MEMBER
Attached
GM/sm
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENE OF 1228839 ONTARIO INC., OPERATING AS THE GOLDEN TAP, 429 GRAND AVENUE EAST, CHATHAM LICENCE NUMBER 0092509 NOTICE OF PROPOSAL NUMBER 14963
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 Suspend a Licence dated February 19, 2007:
On November 9, 2006, a drunken patron in the licensed premises was struck over the head with a beer bottle.
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.
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENE OF 1228839 ONTARIO INC., OPERATING AS THE GOLDEN TAP, 429 GRAND AVENUE EAST, CHATHAM LICENCE NUMBER 0092509 NOTICE OF PROPOSAL NUMBER 14963
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 Suspend a Licence dated February 19, 2007 is appropriate in these circumstances:
- There shall be a SEVEN (07) day suspension of liquor licence #92509 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 today’s date, failing which dates shall be imposed by the Board without further consultation with the Licensee. The Licensee is aware that the proposed suspension cannot start within 20 days of today’s date.
Dated at Chatham this 1^st^ day of August, 2007.
Edwin Michael Arndt Brad Alton, Counsel for the Licence Holder Registrar of the AGCO
“I have authority to bind the corporate licence holder”
Rosita Arndt Licence Holder
“I have authority to bind the corporate licence holder”