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-
1287646 Ontario Inc. O/A Mr. Biggs Sports Bar & Eatery
Licensee
DECISION
Panel: David C. Gavsie, Chair
Decision Date: October 29, 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 ) Richard Kulis, Representative
1287646 Ontario Inc., Licensee ) Daniel Scott, Representative
A hearing into Notice of Proposal number 14759 dated December 11, 2006 and Supplementary Notice of Proposal number 15102 dated March 22, 2007 to suspend, and Supplementary Notice of Proposal number 15496 dated August 2, 2007 to revoke liquor licence number 23036 issued to 1287646 Ontario Inc., operating as Mr. Biggs Sports Bar & Eatery, 405 Notre Dame Street, Belle River, Ontario, N0R 1A0, on the basis of alleged violations of section 29 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 26, 2007 in the City of Toronto.
Richard Kulis, Registrar’s Representative, and Daniel Scott, 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:
Drunken patrons were in the licensed premises on October 1, 2006, January 27, 2007 and February 9, 2007.
- 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 1287646 Ontario Inc., operating as Mr. Biggs Sports Bar & Eatery, 405 Notre Dame Street, Belle River, Ontario, N0R 1A0, be SUSPENDED for FORTY-FIVE (45) consecutive days to COMMENCE at 11:00 a.m. on December 30, 2007, and CONTINUE until 2:00 a.m. on February 13, 2008.
DATED AT TORONTO THIS 29th DAY OF October, 2007.
DAVID C. GAVSIE, CHAIR
DCG/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 1287646 ONTARIO INC., OPERATING AS MR. BIGGS
SPORTS BAR & EATERY, 405 NOTRE DAME STREET,
BELLE RIVER
LICENCE NUMBER 0023036
Agreed Statement Of Facts
The Licence Holder, having consulted legal counsel, and Registrar’s representative agree to the following:
Drunken patrons were in the licensed premises on October 1, 2006, January 27, 2007 and February 9, 2007.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has a prior 35 day suspension for violations of subsection 4591) of Ontario Regulation 719/90 which was served in January 2002.
JOINT SUBMISSION ON DISPOSITION
The Licence Holder, having consulted with legal counsel, and Registrar’s representative submit that the following disposition is appropriate in these circumstances:
A forty-five (45) day suspension of the liquor licence.
Should the Board members make the finding as submitted and imposed the disciplinary action jointly submitted, then the Registrar’s representative will withdraw the allegations with regard to section 29 of the Liquor Licence Act.
Dated in Toronto this day of October 2007.
for the licence holder Richard E. Kulis, for the Registrar
of the AGCO