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-
Kevin Matthew Taylor O/A Jack’s Saloon Licensee
DECISION
Panel: Eleanor Meslin, Member Alex McCauley, Member
Decision Date: September 6, 2007
Hearing Location: Toronto, 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 ) Bryna Kaplan, Representative Kevin Matthew Taylor, Licensee ) Kevin Taylor Sr, Representative
1A hearing into a Notice of Proposal number 15357 dated June 21, 2007 to suspend liquor license number 40797 (the Licence) issued to Kevin Matthew Taylor operating as Jack’s Saloon, 432 Simcoe St. S., Oshawa, Ontario, L1H 4V6 on the basis of alleged violation of subsection 45(1) of Ontario Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act, was held on August 13, 2007 in the City of Toronto.
2Bryna Kaplan, Registrar’s Representative, and Kevin Taylor Sr., 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 February 3, 2007, a drunken patron was in the licensed premises.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O. Reg.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Kevin Matthew Taylor for the premises operating as Jack’s Saloon, 432 Simcoe St., S., Oshawa, Ontario, L1H 4V6, licence number 40797, be SUSPENDED for SIX (6) consecutive days to COMMENCE at 11:00 a.m. on January 4, 2008, and CONTINUE until 2:00 a.m. on January 10, 2008.
DATED AT TORONTO THIS 6th DAY OF September, 2007.
ELEANOR MESLIN, MEMBER ALEX MCCAULEY, MEMBER
EM/ee
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990,c.L.19,s. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF
KEVIN MATTHEW TAYLOR, OPERATING AS JACK’S SALOON, 432 SIMCOE STREET SOUTH, OSHAWA LICENCE NO 40797
AGREED STATEMENT OF FACTS
The licensee, having been advised of his right to Legal Counsel and having waived that right, through his Agent, and Registrar’s Counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated June 21/07;
On February 3, 2007, a drunken patron was in the licensed premises.
Based upon the above-admitted facts, the licence holder admits to a violation of subsection 45(1) of Revised Regulation 719/90 under the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
Whereas the licence holder served a 2 day suspension in March 2007;
The Licensee, having been advised of its right to Legal Counsel and having waived that right, through its Agent, and Registrar’s Counsel, jointly submit that the following disposition is appropriate in these circumstances:
- a six (6) day suspension of liquor licence number 40797 to be served consecutively, within ninety (90) days of today’s date, on dates to be provided to the Manager of Hearings within seven (7) days of today’s date, failing which the Board shall impose dates without further consultation with the Licence Holder.
Respectfully submitted this 13 day of August, 2007,
Kevin Matthew Taylor Licence Holder
Bryna Kaplan Counsel to the Registrar, AGCO
Kevin Taylor Sr. Agent for the Licensee