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-
2980789 Canada Inc. O/A A.L. Van Houtte Restaurant
Licensee
DECISION
Panel: Beryl Ford, Member
Alex McCauley, Member
Decision Date: August 30, 2007
Hearing Location: Ottawa, 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 ) Joyce Taylor, Representative
2980789 Canada Inc., Licensee ) Georges St. Jacques
A hearing into a Notice of Proposal number 14962 dated February 19, 2007 to revoke liquor license number 91235 (the Licence) issued to 2980789 Canada Inc., operating as A.L. Van Houtte Restaurant, 265 Catherine Street, Ottawa, Ontario, K1R 7S5 on the basis of alleged violations of subsection 30.1(1) of the Liquor Licence Act (LLA) and subsection 31(1)(c) of Ontario Regulation 719/90 (O.Reg) made pursuant to the LLA, was held on July 19, 2007 in the City of Ottawa.
Georges St. Jacques 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.
Joyce Taylor, 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 December 12, 2006 a liquor inspector commenced an investigation that revealed that the licensee kept for sale liquor that had not been purchased under the liquor licence. The licensee also failed to post the Fetal Alcohol Spectrum Disorder warning sign, however that was rectified immediately when the liquor inspector provided a copy of the sign to the licensee.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30.1(1) of the LLA and subsection 31(1)(c) of the 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 2980789 Canada Inc. for premises operating as A.L. Van Houtte Restaurant, 265 Catherine Street, Ottawa, Ontario, K1R 7S5, licence number 91235, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on September 16, 2007, and CONTINUE until 2:00 a.m. on September 30, 2007.
DATED AT TORONTO THIS 30th DAY OF August 2007.
BERYL FORD, MEMBER ALEX MCCAULEY, MEMBER
BF/ee
Attached
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 2980789 CANADA INC. OPERATING AS
A.L. VAN HOUTTE RESTAURANT,
265 CATHERINE STREET, OTTAWA
LICENCE NUMBER 91235
AGREED STATEMENT OF FACTS
The Licencee, who has been advised of the licence holder’s right to legal counsel and having waived that right and chosen to proceed without a lawyer, agrees to the following facts in relation to the Notice of Proposal to revoke a Licence dated February 19, 2007.
On December 12, 2006 a liquor inspector commenced an investigation that revealed that the licensee kept for sale liquor that had not been purchased under the liquor licence. The licensee also failed to post the Fetal Alcohol Spectrum Disorder warning sign, however that was rectified immediately when the liquor inspector provided a copy of the sign to the licensee.
Based on the above-mentioned facts, the licensee admits to having breach s. 30.1(1) of the Liquor Licence Act and section 31(1)(c) of Ontario Revised Regulation 719/90 under the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
Whereas the Licensee has no prior adverse record before the Board,
The Licensee who has been advised of his right to counsel and having waived that right and chosen to proceed without a lawyer, agrees with Registrar’s counsel that the following dispositions is appropriate in the circumstances:
- There shall be a fourteen (14) day suspension of liquor licence 91235 commencing at 11:00 am on September 16, 2007 and continuing until 22:00 am on September 30, 2007.
- Should the Board accept this agreed statement of facts and order the Joint Submission on Disposition as set out herein, the Registrar shall withdraw all remaining allegations set out in the Notice of Proposal to Revoke licence dated February 19, 2007.
Respectfully submitted this 19th day of July 2007.
2980789 CANADA INC.
George St. Jacques Joyce Taylor
“I have authority to bind the Corporation.” Counsel for the Registrar