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-
Upper Marlee Inc. O/A Marlee Sports Bar
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair
Decision Date: September 28, 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 Toll Free In Ontario: 1-800-522-2876 Fax: (416) 326-5566 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Phillip Morris, Representative
Upper Marlee Inc., Licensee ) Howard Cohen, Representative
A hearing into Notice of Proposal number 15281 dated May 29, 2007 to suspend liquor licence number 806757 issued to Upper Marlee Inc., operating as Marlee Sports Bar, 210 Marlee Avenue, North York, Ontario, M6B 3H6 on the basis of alleged violations of subsection 30(4) of the Liquor Licence Act (LLA) and subsections 34(1) and 41(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA and an alleged breach of a condition on the licence, was held on September 21, 2007 in the City of Toronto.
Phillip Morris, Registrar’s Representative, and Howard Cohen, 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 9, 2007 at approximately 11:00 p.m., an 18 year old patron consumed liquor in the licensed premises.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30(4) of the LLA and a breach of a condition on the licence that “No one under the age of nineteen (19) be allowed in the establishment after 6 p.m.” The Board accepted the withdrawal of the remaining allegations contained in the Notice of Proposal.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Upper Marlee Inc., operating as Marlee Sports Bar, 210 Marlee Avenue, North York, Ontario, M6B 3H6, licence number 806757, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on November 26, 2007, and CONTINUE until 2:00 a.m. on December 3, 2007.
DATED AT TORONTO THIS 28th DAY OF September, 2007.
PATRICIA MCQUAID, VICE-CHAIR
PM/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 UPPER MARLEE INC. OPERATING AS MARLEE SPORTS BAR, 210 MARLEE AVE, TORONTO LICENCE NUMBER 806757
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED MAY 29, 2007
AGREED STATEMENT OF FACTS
The licensee, after consultation with an agent, and the Registrar agree to the following facts:
On February 9, 2007 at approximately 11:00 p.m., an 18 year old patron consumed liquor in the licensed premises.
Based on paragraph 1, the licensee breached s. 30(4) of the Act and a condition on the licence that “No one under the age of nineteen (19) be allowed in the establishment after 6 p.m.”
The licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
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JOINT SUBMISSION ON DISPOSITION
The licensee, after consultation with an agent, and the Registrar jointly submit that the following disposition is appropriate in these circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 806757 for a period of 7 days commencing at 11:00 a.m. on November 26, 2007 and ending at 2:00 a.m. on December 3, 2007.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATE AT TORONTO THIS 21^ST^ DAY OF SEPTEMBER, 2007.
RESPECTFULLY SUBMITTED,
Howard Cohen, agent Phillip Morris for Registrar’s Counsel licensee