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-
1337059 Ontario Ltd. O/A Still (The) Licensee
DECISION
Panel: Alex McCauley, Board Member Beryl Ford, Board Member
Decision Date: July 18, 2007
Hearing Location: Kitchener, 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 ) Brad Alton, Representative 1337059 Ontario Ltd., Licensee ) Michael Lerner, Representative
A hearing into a Notice of Proposal dated January 9, 2007 to suspend liquor license number 809175 issued to 1337059 Ontario Ltd. and operating as STILL (THE), 125 King Street West, Kitchener, Ontario, N2G 1A7 on the basis of alleged violation of clause 6(2)(d) of the Liquor Licence Act (“LLA”) and subsection 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on July 11, 2007 in the City of Kitchener.
Brad Alton and Michael Lerner 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 June 30, 2006, police officers were called to deal with drunken and disorderly patrons who were in the licensed premises. At least one fight took place involving an intoxicated patron.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of O.Reg. The Board accepted the withdrawal of the remaining allegation.
Order
Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1337059 Ontario Ltd. and operating as STILL (THE), 125 King Street West, Kitchener, Ontario, N2G 1A7, license number 809175, be suspended for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on October 15, 2007 and CONTINUE until 2:00 a.m. on October 22, 2007.
The Board ORDERS that the following condition be attached to the licence, on the consent of the Licensee:
There shall be a minimum of four visibly identifiable trained security personnel employed by the Licensee and on duty in the licensed premises at all times from 10:00 p.m. to 3:00 a.m., Friday and Saturday nights, commencing on May 1, each year and continuing until October 21, each year.
DATED AT TORONTO THIS 18th DAY OF JULY, 2007.
BERYL FORD, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER
Attached.
AM/sm
AGREED STATEMENT OF FACTS
IN THE MATTER OF THE LIQUOR LICENCE ACT R.S.O. 1990,c.L.19,subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF 1337059 ONTARIO LTD., OPERATING AS THE STILL, 125 KING STREET WEST, KITCHENER LICENCE NUMBER 0809175 NOTICE OF PROPOSAL NUMBER 14831
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 January 9, 2007:
On June 30, 2006, police officers were called to deal with drunken and disorderly patrons who were in the licensed premises. At least one fight took place involving an intoxicated patron.
Based on the facts in paragraph 1, the Licence Holder admits to violations of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
IN THE MATTER OF THE LIQUOR LICENCE ACT R.S.O. 1990,c.L.19,subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF 1337059 ONTARIO LTD., OPERATING AS THE STILL, 125 KING STREET WEST, KITCHENER LICENCE NUMBER 0809175 NOTICE OF PROPOSAL NUMBER 14831
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 January 09, 2007 is appropriate in these circumstances.
There shall be a SEVEN (07) day suspension of liquor licence #809175 to be served consecutively commencing on October 15, 2007 at 11:00 a.m. and ending at 2:00 a.m. on October 22, 2007.
The Licence Holder consents to the addition of the following condition being added immediately to the liquor licence:
“There shall be a minimum of four visibly identifiable trained security personnel employed by the licensee and on duty in the licensed premises at all times from 10:00 p.m. to 3:00 a.m., Friday and Saturday nights, commencing on May 1, each year and continuing until October 21, each year.”
- Should the Board members make the finding as agreed to and impose the disposition as submitted then Registrar’s Counsel will withdraw the remaining allegation in the Notice of Proposal.
Dated at Kitchener this 11th day of July, 2007.
Michael Lerner Brad Alton, Counsel for the Counsel for the Licence Holder Registrar of the AGCO
“I have authority to bind the corporate licensee”
Darryl Moore Manager of the licensed premises “I have authority to bind the corporate licensee”