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-
Fex Inc. O/A Park Hotel
Licensee
DECISION
Panel: David C. Gavsie, Chair
Decision Date: , 2007
Hearing Location: Sudbury, 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 ) Sujin Chan, Representative
Fex Inc., Licensee ) Roger Fex and Joseph Fex, on their own behalf and on behalf of the corporation
A teleconference hearing into a Notice of Proposal dated March 6, 2007 to suspend liquor licence number 10659 issued to Fex Inc. and operating as Park Hotel, 519 Notre Dame Ave., Sudbury, Ontario, P3C 5L1 on the basis of alleged violations of subsection 45(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act was held on June 28, 2007 in the City of Sudbury.
Roger Fex and Joseph Fex are the shareholders, officers, and directors of the Licensee. They appeared on behalf of the Corporation and waived the right to be represented by a barrister and solicitor.
On consent of the Board and the parties, the Notice of Proposal number 15014 was amended to add to paragraph 4(a):
“On April 14, 2007, three drunken patrons were in the licensed premises.”
- Sujin Chan, 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:
(i) On January 12, 2007, drunken patrons were in the licensed premises.
(ii) On April 14, 2007, three drunken patrons were in the licensed premises.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of O. Reg.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms it’s oral ORDER that the liquor licence issued to Fex Inc. and operating as Park Hotel, 519 Notre Dame Ave., Sudbury, Ontario, P3C 5L1, licence number 10659, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on August 9, 2007, and CONTINUE until 2:00 a.m. on August 23, 2007.
DATED AT TORONTO THIS 13TH DAY OF JULY 2007.
DAVID C. GAVSIE, CHAIR
DCG/mw
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF FEX INC. OPERATING AS PARK HOTEL, 519 NOTRE DAME AVENUE, SUDBURY
LICENCE NUMBER 10659
AGREED STATEMENT OF FACTS
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 Registrar’s Counsel agree to the following:
- The Notice of Proposal number 15014 was amended to add to paragraph 4(a):
“On April 14, 2007, three drunken patrons were in the licensed premises.”
On April 14, 2007, three drunken patrons were in the licensed premises.
On January 12, 2007, drunken patrons were in the licensed premises.
Based on the facts in the above paragraphs, the licence holder admits to violations of subsection 45 (1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The Licence holder has exhibited remorse and implemented measures to prevent further infractions.
The licence holder has no prior record of disciplinary action 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 Registrar’s Counsel submit that the following disposition is appropriate in these circumstances:
- A fourteen (14) day suspension of the liquor licence to commence not before 21 days of the Board’s Order, and to end within 90 days of the Board’s Order.
Dated in Toronto this 27th day of June, 2007
Roger Fex Sujin Chan
for the licence holder Counsel for the Registrar of the AGCO
“I have the authority to bind the
Corporation”