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-
2068703 Ontario Inc. O/A Modean’s Roadhouse
Licensee
DECISION
Panel: David C. Gavsie, Chair
Decision Date: October 4, 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
2068703 Ontario Inc., Licensee ) Frances Brennan, Representative
A hearing into Notice of Proposal number 15434 dated July 11, 2007 to suspend liquor licence number 92290 issued to 2068703 Ontario Inc., operating as Modean’s Roadhouse, 130 Argyle Avenue North, Listowel, Ontario, N4W 1M8 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 3, 2007 in the City of Toronto.
Bryna Kaplan, Registrar’s Representative, and Frances Brennan, Licensee’s Representative, submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision. The latter was signed by Phillip Morris for the Registrar and by Juliette Nally on behalf of the Licensee. It was agreed and admitted that:
On December 23 and 24, 2006 respectively, 2 drunken patrons were involved in fights in the licensed premises. On January 20, 2007, there was a drunken patron in the licensed premises.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) 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 2068703 Ontario Inc., operating as Modean’s Roadhouse, 130 Argyle Avenue North, Listowel, Ontario, N4W 1M8, licence number 92290, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on October 28, 2007, and CONTINUE until 2:00 a.m. on November 7, 2007.
DATED AT TORONTO THIS 4th 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 2068703 ONTARIO INC. OPERATING AS
MODEAN’S ROADHOUSE, 130 ARGYLE AVENUE NORTH, LISTOWEL
LICENCE NO. 0092290
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED JULY 11, 2007
AGREED STATEMENT OF FACTS
The Licensee, after consultation with counsel, and Registrar agree to the following facts:
On December 23 and 24, 2006 respectively, 2 drunken patrons were involved in fights in the licensed premises. On January 20, 2007, there was a drunken patron in the licensed premises.
Based on paragraph 1, the licensee breached s. 45(1) of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission. In particular, the licensee has taken steps to improve compliance and become more knowledgeable about the liquor legislation.
The licensee has no prior record of discipline imposed by the Board.
…/2
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 licence no. 0092290 for a period of 10 days commencing at 11:00 a.m. on October 28, 2007 and ending at 2:00 a.m. on November 7, 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.
DATED AT TORONTO THIS 19TH DAY OF SEPTEMBER, 2007.
RESPECTFULLY SUBMITTED,
Juliette Nally Phillip Morris
for Registrar’s Counsel
licensee