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-
Hoco Limited O/A Comfort Inn
Licensee
DECISION
Panel: Eleanor Meslin, Board Member
Decision Date: October 24, 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
Hoco Limited, Licensee ) Adam Vassos, Representative
[1]. A hearing into Notice of Proposal number 15307 dated June 4, 2007 to suspend liquor licence number 10786 issued to Hoco Limited, operating as Comfort Inn, 4960 Clifton Hill, Niagara Falls, Ontario, L2G 3N4 on the basis of alleged violations of subsection 30(4) of the Liquor Licence Act (LLA) and subsection 45(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA, was held on October 19, 2007 in the City of Toronto.
[2]. Phillip Morris, Registrar’s Representative, and Adam Vassos, Licensee’s Representative, submitted an Agreed Statement of Facts and Joint Submission on Disposition (Exhibit #1) which form part of this decision. It was agreed and admitted that:
On February 18, 2007, a person under the age of 19 years consumed liquor in the licensed premises.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30(4) of the LLA. The Board accepted the withdrawal of the remaining allegation.
Order
[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Hoco Limited, operating as Comfort Inn, 4960 Clifton Hill, Niagara Falls, Ontario, L2G 3N4, licence number 10786, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on December 10, 2007, and CONTINUE until 2:00 a.m. on December 20, 2007.
DATED AT TORONTO THIS 24^th^ DAY OF October, 2007.
ELEANOR MESLIN, BOARD 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 HOCO LIMITED OPERATING AS COMFORT INN, 4960 CLIFTON HILL, NIAGARA FALLS - LICENCE NO. 10786
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUE JUNE 4, 2007
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and Registrar’s Counsel agree to the following facts:
On February 18, 2007, a person under the age of 19 years consumed liquor in the licensed premises.
Based on paragraph 1, the licensee breached s. 30(4) of the Act.
The licensee has shown remorse and co-operated with the Commission.
The licensee was previously suspended for 5 days for similar breaches.
JOINT SUBMISSIONS ON DISPOSITION
The licensee, after consultation with counsel, and Registrar’s Counsel 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. 10786 for a period of 10 days commencing at 11:00 a.m. on December 10, 2007 and ending at 2:00 a.m. on December 20, 2007.
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Comfort Inn
Page 2
- 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 2^ND^ DAY OF OCTOBER, 2007.
RESPECTFULLY SUBMITTED,
Harry Newell Oakes Phillip Morris
for Registrar’s Counsel
licensee