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-
PM Kingston Inc. O/A Philthy McNasty’s
Licensee
DECISION
Panel: Guy Maurice, Board Member
Decision Date: November 14, 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
PM Kingston Inc., Licensee ) Ronald Fritz, Representative
[1]. A hearing into Notice of Proposal number 15259 dated May 23, 2007 to suspend and add a condition to the licence and Supplementary Notice of Proposal number 15444 dated July 11, 2007 to suspend liquor licence number 803710 issued to PM Kingston Inc., operating as Philthy McNasty’s, 506 Princess Street, Kingston, Ontario, K7L 1C5 on the basis of alleged violations of section 29 and 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 November 2, 2007 in the City of Toronto.
[2]. Phillip Morris, Registrar’s Representative, and Ronald Fritz, 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 February 9, 2007, a drunken off-duty employee of the licensed premises urinated on a patron. The patron punched the employee. Security staff removed the patron who was then assaulted outside by the employee and his friends. There were 4 18 year old patrons consuming liquor in the licensed premises.
On March 18, 2007 and May 6, 2007, there were drunken patrons in the licensed premises.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30(4) of the LLA and subsection 45(1) of the O. Reg. 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 PM Kingston Inc., operating as Philthy McNasty’s, 506 Princess Street, Kingston, Ontario, K7L 1C5, be SUSPENDED for FORTY-FIVE (45) consecutive days to COMMENCE at 11:00 a.m. on January 2, 2008, and CONTINUE until 2:00 a.m. on February 18, 2008.
[5]. Further, the Board orders that the following condition be attached to the licence on consent:
“No person under 19 years of age other than employees of the premises shall be permitted in the licensed premises after 10:00 p.m.”
DATED AT TORONTO THIS 14th DAY OF November, 2007.
GUY MAURICE, BOARD MEMBER
GM/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 PM
KINGSTON INC. OPERATING AS PHILTHY MCNASTY’S, 506
PRINCESS ST., KINGSTON
LICENCE NO. 803710
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On February 9, 2007, a drunken off-duty employee of the licensed premises urinated on a patron. The patron punched the employee. Security staff removed the patron who was then assaulted outside by the employee and his friends. There were 4 18 year old patrons consuming liquor in the licensed premises.
Based on paragraph 1, the licensee breached s. 45(1) (permit drunkenness and violent and disorderly conduct) of Ont. Reg. 719/90 and s. 30(4) of the Liquor Licence Act.
On March 18, 2007 and May 6, 2007, there were drunken patrons in the licensed premises.
Based on paragraph 3, the licensee breached s. 45(1) (permit drunkenness) of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission.
[6]. The licensee was previously suspended in 2006 for 18 days for breaches of the Act and regulations.
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JOINT SUBMISSIONS ON DISPOSITION
The licensee, after consultation with counsel, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 803710 for a period of 45 days commencing at 11:00 a.m. on January 2, 2008 and ending at 2:00 a.m. on February 18, 2008.
A condition shall be added to the licence that:
“No person under 19 years of age other than employees of the premises shall be permitted in the licensed premises after 10:00 p.m.”
- 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 29TH DAY OF OCTOBER, 2007.
RESPECTFULLY SUBMITTED,
Theodoros (Terry) Tsianos Phillip Morris
for Registrar’s Counsel
licensee