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-
1502523 Ontario Inc. O/A Crabby Mals
Licensee
DECISION
Panel: Allan Higdon, Board Member Bruce Monteith, Board Member
Decision Date: September 26, 2007
Hearing Location: Hamilton, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone: (416) 326-0366 Toll Free In Ontario: 1-800-522-2876 Fax: (416) 326-5566 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Bryna Kaplan, Representative
1502523 Ontario Inc., Licensee ) Nina Mary Rasula
A hearing into Notice of Proposal number 15401 dated June 28, 2007 to suspend liquor license number 802838 issued to 1502523 Ontario Inc., operating as Crabby Mals, 2732 Barton Street East, Unit 7, Hamilton, Ontario, L8E 4M6 on the basis of alleged violations of subsection 45(2) 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 September 18, 2007 in the City of Hamilton.
Nina Mary Rasula is the shareholder, officer and director of the Licensee. She appeared on behalf of the Corporation and waived the right to be represented by a barrister and solicitor.
Bryna Kaplan, 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 22, 2006, two drunken patrons were in the licensed premises. The bartender, who has since been fired by the licensee, was also drunk and was belligerent with police officers in the licensed premises.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the LLA. 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 1502523 Ontario Inc., operating as Crabby Mals, 2732 Barton Street East, Unit 7, Hamilton, Ontario, L8E 4M6, licence number 802838, be SUSPENDED for TWELVE (12) consecutive days to COMMENCE at 11:00 a.m. on January 2, 2008, and CONTINUE until 2:00 a.m. on January 14, 2008.
DATED AT TORONTO THIS 26th DAY OF September, 2007.
ALLAN HIGDON, BOARD MEMBER BRUCE MONTEITH, BOARD MEMBER
AH/ee
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, cL.19, s 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE
OF 1502523 ONTARIO INC.,
OPERATING AS CRABBY MALS,
2732 BARTON STREET EAST, UNIT 7, HAMILTON
LICENCE NUMBER 802838
AGREED STATEMENT OF FACT
The Licence Holder, having been advised of its right to Legal Counsel and having waived that right, and Registrar’s Counsel, agreed to the following facts in relation to the Notice of Proposal to Suspend a Licence dated June 28, 2007.
On December 22, 2006, two drunken patrons were in the licensed premises. The bartender, who has since been fired by the licensee, was also drunk and was belligerent with the police officers in the licensed premises.
Based on the above-admitted facts, the licensee admits to violations of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The Licensee has no prior record with the Commission.
…/2
Whereas the licensee has not prior adverse record with the commission;
The licence holder, having been advised of its right to Legal Counsel and having waived that right, and Registrar’s Counsel, jointly submit that the following disposition is appropriate in these circumstances:
(1) A twelve (12) day suspension of liquor licence number 802838, to be served consecutively from January 2, 2008 at 11 am until January 14, 2008 at 2 am.
(2) Should the Board make the findings as set out in the Agreed Statement of Fact, and imposed the disposition as set out above, the Registrar shall withdraw the remaining allegation contained in the Notice of Proposal dated June 28, 2007.
Respectfully submitted this 12 day of September, 2007.
NINA MARY RASULA BRYNA KAPLAN
For the Corporate Licensee Counsel for the Registrar, AGCO
“I have the Authority to Bind
The Corporation.”