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-
6346766 Canada Inc. O/A Minglewoods All Canadian Tap & Grill
Licensee
DECISION
Panel: Guy Maurice, Member
Decision Date: September 11, 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 ) Phillip Morris, Representative
6346766 Canada Inc., Licensee ) Charles Gibson, Representative
A hearing into a Notice of Proposal number 14906 dated January 29, 2007, to suspend liquor license number 20456 (the Licence) issued to 6346766 Canada Inc., operating as Minglewoods All Canadian Tap & Grill, 14 Waller Street, Ottawa, Ontario, K1N 9C4, on the basis of alleged violations of subsection 34(1) and section 43 of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA), was held on September 4, 2007 in the City of Toronto.
Phillip Morris, Registrar’s Representative, and Charles Gibson, 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 October 15, 2006, there were 43 patrons in an area licensed for 30 people.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 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 6346766 Canada Inc., operating as Minglewoods All Canadian Tap & Grill, 14 Waller Street, Ottawa, Ontario, K1N 9C4, licence number 20456, be SUSPENDED for THREE (3) consecutive days to COMMENCE at 11:00 a.m. on October 20, 2007, and CONTINUE until 2:00 a.m. on October 23, 2007.
DATED AT TORONTO THIS 11th DAY OF September, 2007.
GUY MAURICE, MEMBER
GM/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
6346766 CANADA INC., OPERATING AS
MINGLEWOODS ALL CANADIAN TAP & GRILL,
14 WALLER STREET, OTTAWA
LICENCE NUMBER 20456
AND IN THE MATTER OF A NOTICE OF PROPOSAL
ISSUED JANUARY 29, 2007
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On October 15, 2006, there were 43 patrons in an area licensed for 30 people.
Based on paragraph 1, the licensee breached s. 43 of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
JOINT SUBMISSION ON DISPOSITION
The licensee, after consultation with counsel, 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 the licence no. 20456 for a period of 3 days including a Saturday to be served within 90 days of this date.
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.
DATED AT TORONTO THIS 30TH DAY OF AUGUST, 2007
William Smith Phillip Morris
for Registrar’s Counsel
licensee