Registrar, Alcohol and Gaming Commission Ontario v. 1325211 Ontario Inc. O/A Stampede Corral Restaurant, 2007 CanLII 58249

IN THE MATTER OF The :

Liquor Licence Act, R.S.O. 1990, c. L.19, as amended

Registrar, Alcohol and Gaming Commission Ontario

Registrar

-and-

1325211 Ontario Inc. O/A Stampede Corral Restaurant

Licensee

DECISION

Panel: Brian J. Ford, Board Member

Decision Date: December 10, 2007

Hearing Location: Kitchener, 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 ) Brad Alton, Representative

1325211 Ontario Inc., Licensee ) Harald Mattson, Representative

A hearing into Notice of Proposal number 15491 dated August 2, 2007 to suspend liquor licence number 100054 issued to 1325211 Ontario Inc., operating as Stampede Corral Restaurant, 248 Stirling Ave South, Units 1 - 6, Kitchener, Ontario, N2G 4L1, on the basis of alleged violations of subsections 45(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA), was held on November 27, 2007 in the City of Kitchener.
Brad Alton, Registrar’s Representative, and Harald Mattson, 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 May 16, 2007, drunken patrons were in the licensed premises.

Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O. Reg.

Order

Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1325211 Ontario Inc., operating as Stampede Corral Restaurant, 248 Stirling Ave South, Units 1 - 6, Kitchener, Ontario, N2G 4L1, be SUSPENDED for FIFTEEN (15) consecutive days to COMMENCE at 11:00 a.m. on January 2, 2008, and CONTINUE until 2:00 a.m. on January 17, 2008.

DATED AT TORONTO THIS 10^th DAY OF November , 2007.

BRIAN J. FORD, BOARD MEMBER

BJF/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 1325211 ONTARIO INC., OPERATING AS STAMPEDE CORRAL RESTAURANT, 248 STIRLING AVE SOUTH, UNITS 1 - 6, KITCHENER LICENCE NUMBER 0100054 NOTICE OF PROPOSAL NUMBER 15491

Agreed Statement Of Facts

The Licence Holder, having consulted legal counsel and Registrar’s Counsel agree to the following with the respect to the Notice of Proposal to Suspend a Licence dated August 02, 2007:

On May 16, 2007, drunken patrons were in the licensed premises.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.

IN THE MATTER OF THE LIQUOR LICENCE ACT

R.S.O. 1990, chapter L.19, subsections 15(1) and 21(1)

Joint Submission On Disposition

The Licence Holder, having consulted legal counsel and Registrar’s Counsel, submit that the following disposition, with respect to the Notice of Proposal to Suspend a Licence, is appropriate in these circumstances:

There shall be a FIFTEEN (15) day suspension of liquor licence number 100054 to be served consecutively within NINETY (90) days of today’s date, on dates to be provided in writing to the Manager of Hearings within SEVEN (7) days of today’s date, failing which dates shall be imposed by the Board without further consultation with the Licensee. Furthermore, the Licensee is aware that the proposed suspension cannot start within 20 days of today’s date and cannot be served between Christmas Day and New Year’s Day.

Dated at Kitchener this 27^th day of November, 2007

Andrew Charles Mackay Brad Alton, Counsel for the Licence Holder Registrar of the AGCO

“I have authority to bind the corporate licensee”

Harald Mattson Counsel for the Licence Holder