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-
Lora Lee Kerr and Rob Anthony Giff O/A Rideau Bar & Grill
Licensee
DECISION
Panel: Kirsti Hunt, Vice-Chair Guy Maurice, Board Member
Decision Date: December 5, 2007
Hearing Location: Ottawa, 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 Lora Lee Kerr and Rob Anthony Giff, Licensee ) On their own behalf
[1]. A hearing into Notice of Proposal number 15267 dated May 28, 2007 and Supplementary Notice of Proposal number 15591 dated August 15, 2007 to suspend liquor license number 92417 issued to Lora Lee Kerr and Rob Anthony Giff, operating as Rideau Bar & Grill, 20 Beckwith Street North, Smiths Falls, Ontario, K7A 2B3, on the basis of alleged violations of section 29 of the Liquor Licence Act (LLA) and subsections 33(1), 45(1) and 45(2) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA, was held on November 20, 2007 in the City of Ottawa.
[2]. Lora Lee Kerr and Rob Anthony Giff are the owners. Lora Lee Kerr appeared on their behalf and waived the right to legal representation.
[3]. Joyce Taylor, Registrar’s Representative, and the Licensee 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 each of November 11, 2006 and June 1, 2007 a liquor inspector visited the licensed premises and found a drunken patron in the establishment. On January 5, 2007 police officers visited the licensed premises and found a patron rolling a marijuana cigarette in the washroom. On May 3, 2007 two cases of 28 packs of beer, which cannot be purchased under licence were in the licensee’s liquor storage area. The licensee has advised the liquor inspector that this liquor was not for the establishment.
[4]. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 33(1), 45(1) and 45(2) of the O. Reg. The Board accepted the withdrawal of the remaining allegation.
Order
[5]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Lora Lee Kerr and Rob Anthony Giff, operating as Rideau Bar & Grill, 20 Beckwith Street North, Smiths Falls, Ontario, K7A 2B3, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on February 4, 2008, and CONTINUE until 2:00 a.m. on February 18, 2008.
[6]. Further the Board ORDERS that the following condition be attached to the licence on consent:
On Friday and Saturday nights from 9:00 p.m. until all patrons have left the establishment for the night, there shall be at least one security person, who shall be readily identifiable and whose job will be solely dedicated to monitoring all patrons and providing security services for the establishment.
DATED AT TORONTO THIS 5th DAY OF November , 2007.
KIRSTI HUNT, VICE-CHAIR GUY MAURICE, BOARD MEMBER
KH/ee
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990,c.L.19,s. 13(1)(b) 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE
OF LORA LEE KERR AND ROB ANTHONY GIFF, OPERATING AS
RIDEA BAR & GRILL, 20 BECKWITH ST. N.
SMITHS FALLS, LICENCE NO. 92417
AGREED STATEMENT OF FACTS
The Licensee who has been advised of her right to counsel and having waived that right and chosen to proceed without counsel, agrees with Registrar’s counsel to the following facts in relation to the Notice of Proposal to Suspend a Licence dated May 28, 2007 and the Supplementary Notice of Proposal to Suspend a Licence dated August 15, 2007.
On each of November 11, 2006 and June 1, 2007 a liquor inspector visited the licensed premises and found a drunken patron in the establishment. On January 5, 2007 police officers visited the licensed premises and found a patron rolling a marijuana cigarette in the washroom. On May 3, 2007 two cases of 28 packs of beer, which cannot be purchased under licence were in the licensee’s liquor storage area. The licensee has advised the liquor inspector that this liquor was not for the establishment.
Based on the above-mentioned facts, the licensee admits to having breached sections 45(1), 45(2) and 33(1) of Ontario Revised Regulation 719/90 as amended and enacted pursuant to the Liquor Licence Act.
The licensee has agreed to implement further security measures in order to prevent these infractions from taking place in the future.
JOINT SUBMISSION ON DISPOSITION
Whereas this licensee has no prior adverse record before the Board,
The Licensee who has been advised by counsel and the Registrar’s counsel jointly submit that the following disposition is appropriate in the circumstances:
There shall be a fourteen (14) day suspension of liquor licence 92417 to be commencing at 11:00 a.m. on February 4, 2008 and continuing until February 18, 2008 at 2:00 a.m.
The following condition shall be added to and printed on the face of the licence:
On Friday and Saturday nights from 9:00 p.m. until all patrons have left the establishment for the night, there shall be at least one security person, who shall be readily identifiable and whose job will be solely dedicated to monitoring all patrons and providing security services for the establishment.
- Should the Board accept this Agreed Statement of Facts and order the Joint Submissions on Disposition as set out herein, the Registrar shall withdraw all remaining allegations as set out in the Notices of Proposal dated May 28, 2007 and August 15, 2007.
Respectfully submitted this 20th day of November 2007.
Lora Lea Kerr Joyce A. Taylor
Licensee Counsel for the Registrar