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-
Carleton University Students’ Association Inc.
O/A Olivers Pub and Patio
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair
Decision Date: October 22, 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 ) Joyce Taylor, Representative
Carleton University Students’ Association Inc., Licensee ) Christopher Morris, Representative
A teleconference hearing into Notice of Proposal number 15237 dated May 14, 2007 and Supplementary Notice of Proposal number 15320 dated June 4, 2007 to suspend liquor licence number 802372 issued to Carleton University Students’ Association Inc., operating as Olivers Pub and Patio, 1125 Colonel By Drive, Unicentre, 4th Floor, Carleton University, Ottawa, Ontario, K1S 5B6, on the basis of alleged violations of subsection 30(4) of the Liquor Licence Act (LLA) and section 53 and subsections 20(1), 41(1) and 45(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA, was held on October 17, 2007 in the City of Toronto.
The Board, on consent of the parties, amended Notice of Proposal number 15237 dated May 14, 2007 to correct a typographical error, namely to change the date of incident from October 25, 2007 to January 25, 2007. Further, the Board on consent of the parties, amended Supplementary Notice of Proposal number 15320 dated June 4, 2007 to include the following allegation: “On April 5, 2007, drunken patrons were in the licensed premises” and to include, as well, a violation of section 29 of the LLA.
Joyce Taylor, Registrar’s Representative, and Christopher Morris, 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 27, 2006, January 25, 2007, March 14, 2007 and April 5, 2007 police officers and/or liquor inspectors visited the licensed premises and found drunken patrons in the establishment on each of these dates.
On February 2, 2007 liquor inspectors and police officers visited the licensed premises and found that apparently intoxicated patrons were served liquor while showing signs of intoxication.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 of the LLA and subsection 45(1) of the 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 Carleton University Students’ Association Inc., operating as Olivers Pub and Patio, 1125 Colonel By Drive, Unicentre, 4th Floor, Carleton University, Ottawa, Ontario, K1S 5B6, licence number 802372, be SUSPENDED for FORTY (40) consecutive days to COMMENCE at 11:00 a.m. on November 1, 2007, and CONTINUE until 2:00 a.m. on December 10, 2007.
DATED AT TORONTO THIS 22nd DAY OF October, 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 CARLETON UNIVERSITY STUDENTS’ ASSOCIATION INC.,
OPERATING AS OLIVERS PUB AND PATIO,
1125 COLONEL BY DRIVE, UNICENTRE, 4th FLOOR
CARLTON UNIVERSITY, OTTAWA, LICENCE NO. 802372
AGREED STATEMENT OF FACTS
The Licensee who has been advised by counsel and Registrar’s counsel agree to the following facts in relation to Notice of Proposal to Suspend a Licence, dated May 14, 2007 and the Supplementary Notice of Proposal to Suspend a Licence dated June 4, 2007:
On October 27, 2006, January 25, 2007, March 14, 2007 and April 5, 2007 police officers and/or liquor inspectors visited the licensed premises and found drunken patrons in the establishment on each of these dates.
On February 2, 2007 liquor inspectors and police officers visited the licensed premises and found that apparently intoxicated patrons were served liquor while showing signs of intoxication.
Based on the above mentioned facts, the licensee admits to having section 29 of the Liquor Licence Act and section 45(1) of Ontario Revised Regulation 719/90, enacted pursuant to the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
Whereas the licensee has no prior adverse record before the Board,
The Licensee who has been advised by counsel and Registrar’s counsel jointly submit that the following disposition is appropriate in these circumstances:
There shall be a forty (40) day suspension of liquor licence 802372 commencing at 11:00 a.m. on November 1, 2007 and continuing until 2:00 a.m. on December 10, 2007
Should the Board accept the Agreed Statement of Facts and order the sanction set out in this Joint Submission on Disposition, the Registrar shall withdraw all remaining allegations set out in the Notice of Proposal to Suspend a Licence, dated May 14, 2007 and the Supplementary Notice of Proposal to Suspend a Licence dated June 4, 2007.
Respectfully submitted this 10th day of October, 2007.
Christopher P. Morris Joyce A. Taylor
Counsel for the Licensee Counsel for the Registrar