ALCOHOL AND GAMING COMMISSION OF ONTARIO

IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended

BETWEEN:

Registrar, Alcohol and Gaming Commission Ontario (Registrar)

-and-

1202476 Ontario Ltd. O/A Royal Oak Restaurant (Licensee)

DECISION

Panel: David C. Gavsie, Chair Decision Date: October 26, 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 1202476 Ontario Ltd., Licensee: Norman Boxall, Representative

1A teleconference hearing into Notice of Proposal number 14928 dated February 7, 2007, Supplementary Notice of Proposal number 15289 dated May 31, 2007 and Supplementary Notice of Proposal number 15475 dated July 25, 2007 to suspend liquor licence number 22231 issued to 1202476 Ontario Ltd., operating as Royal Oak Restaurant, 318 Bank Street, Ottawa, Ontario, K2P 1Y1, on the basis of alleged violations of subsections 34(1) and 45(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA), was held on October 23, 2007 in the City of Toronto.

2Joyce Taylor, Registrar's Representative, and Norman Boxall, 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 January 6, 2007 liquor inspectors visited the licensed premises and found two patrons were permitted to remove liquor from the establishment. On March 3, 2007 a liquor inspector visited the licensed premises and found a drunken patron in the establishment.

3Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 34(1) and 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 1202476 Ontario Ltd., operating as Royal Oak Restaurant, 318 Bank Street, Ottawa, Ontario, K2P 1Y1, be SUSPENDED for EIGHT (8) consecutive days to COMMENCE at 11:00 a.m. on January 7, 2008, and CONTINUE until 2:00 a.m. on January 15, 2008.

DATED AT TORONTO THIS 26th DAY OF October, 2007.

DAVID C. GAVSIE, CHAIR DCG/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 1202476 ONTARIO LTD. OPERATING AS ROYAL OAK RESTAURANT, 318 BANK STREET, OTTAWA LICENCE NO. 22231

AGREED STATEMENT OF FACTS

The Licensee, who has been advised by counsel, agrees with Registrar's counsel to the following facts in relation to the Notice of Proposal to Suspend a Licence dated February 7, 2007, the Supplementary Notice of Proposal to Suspend a Licence dated May 31, 2007 and the Supplementary Notice of Proposal to Suspend a Licence dated July 25, 2007.

1. On January 6, 2007 liquor inspectors visited the licensed premises and found two patrons were permitted to remove liquor from the establishment. On March 3, 2007 a liquor inspector visited the licensed premises and found a drunken patron in the establishment.

2. Based on the above-mentioned facts, the Licence Holder admits to having breached section 34(1) and section 45(1) of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act.

3. The Licensee has agreed to use his best efforts to prevent these infractions from taking place again.

JOINT SUBMISSION ON DISPOSITION

The Licence Holder, who has legal counsel, jointly submits with Registrar's counsel that the following disposition is appropriate in the circumstances:

1. There shall be an eight (8) day suspension of liquor licence 22231 to be served commencing on January 7, 2008 at 11:00 a.m. and continuing until January 15, 2008 at 2:00 a.m.

2. Should the Board accept the Agreed Statement of Facts and order the Joint Submission on Disposition as set out herein, the Registrar shall withdraw all remaining allegations as set out in the Notices of Proposal dated February 7, 2007, May 31, 2007 and July 25, 2007.

Respectfully submitted the 19th day of October, 2007.

1202479 ONTARIO INC.

Gordon Lilley