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-
1055507 Ontario Inc. O/A Cabaret Canada
Licensee
DECISION
Panel: David C. Gavsie, Chair
Decision Date: September 4, 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 ) Sujin Chan, Representative
1055507 Ontario Inc., Licensee ) Rolland Hedges, Representative
A hearing into a Notice of Proposal number 14790 dated December 12, 2006 to suspend liquor license number 801748 (the Licence) issued to 1055507 Ontario Inc., operating as Cabaret Canada, 5023 Bank Street, Gloucester, Ontario, K1G 3N5 on the basis of alleged violations of subsections 55(1) and 55(2) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA), and a Supplementary Notice of Proposal number 14909 dated February 19, 2007 to suspend the Licence on the basis of alleged violations of section 29 of the LLA and subsection 45(1) of the O. Reg, was held on August 15, 2007 in the City of Ottawa.
Sujin Chan, Registrar’s Representative, and Rolland Hedges, Licensee’s Representative 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 August 26, 2006, the suspension placard had been reduced in size and not posted in a conspicuous place. On November 11, 2006, a drunken patron in the licensed premises was served liquor.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 of the LLA and subsections 45(1), 55(1), 55(2) 719/90 of O. Reg. The Board accepted the withdrawal of the remaining allegations.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1055507 Ontario Inc., operating as Cabaret Canada, 5023 Bank Street, Gloucester, Ontario, K1G 3N5, licence number 801748, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on September 10, 2007, and CONTINUE until 2:00 a.m. on September 17, 2007.
DATED AT TORONTO THIS 4th DAY OF September, 2007.
DAVID C. GAVSIE, CHAIR
DCG/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 1055507 ONTARIO INC., OPERATING AS
CABARET CANADA, 5023 BANK STREET, OTTAWA
LICENCE NUMBER 801748
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel, and Registrar’s Counsel agree to the following:
On August 26, 2006, the suspension placard had been reduced in size and not posted in a conspicuous place. On November 11, 2006, a drunken patron in the licensed premises was served liquor.
Based on the facts in paragraph 1, the licence holder admits to violations of subsections 55(1) [fail to post], 55(2) [placard not in conspicuous place], 45(1) [permit drunkenness] of Ontario Regulation 719/90 under the Liquor Licence Act and section 29 [supply to intoxicated person] of the Liquor Licence Act.
The licence holder has previously served a five day suspension in 2006.
-2-
Joint Submission Regarding
Disposition
The Licence Holder, having consulted with legal counsel, and Registrar’s Counsel submit that the following disposition is appropriate in these circumstances:
A seven (7) day suspension of the liquor licence to commence not before 21 days of the Board’s Order, and to end not after 90 days of the Board’s Order.
The Registrar withdraws the remaining allegations in the Supplementary NOP dated 19 February, 2007.
Date in Toronto this 15th day of August, 2007.
George Saade Sujin Chan
for the Licence Holder Counsel for the Registrar
“I have the authority to bind
the corporation.”
Rolland E. Hedges
Counsel for the Licence Holder