LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: HOWEY BAY MOTEL Highway 105, Unit 26 Red Lake, Ontario P0V 2M0
Licensee: 1608189 Ontario Inc.
Licence Number: 10919
Notice of Proposal: To SUSPEND a licence Dated July 28, 2006
Supplementary Notice of Proposal: To SUSPEND a licence Dated December 28, 2006
Notice of Proposal: To SUSPEND a licence Dated January 19, 2007
The Proposals allege that:
(a) Contrary to subsection 34 (1) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder permitted a patron to remove liquor from the licensed premises.
(b) Contrary to subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder permitted drunkenness or riotous, quarrelsome, violent or disorderly conduct to occur on the licensed premises or in the areas under the control of the licence holder.
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, 3rd Floor Toronto, Ontario M2N 0A4 February 1, 2007
Presiding Board Member: Patricia McQuaid, Vice-Chair
Counsel for the
Registrar: Phillip Morris
Counsel for the Licensee: John S. Fregeau
Exhibits: #1 Agreed Statement of Facts #2 Joint Submission on Disposition
D E C I S I O N and O R D E R
WHEREAS the Board of the Alcohol and Gaming Commission of Ontario ("AGCO") held a teleconference hearing on February 1, 2007, pursuant to a Notice of Proposal dated July 28, 2006, a Supplementary Notice of Proposal dated December 28, 2006 and a Notice of Proposal dated January 19, 2007 to suspend the liquor licence issued to 1608189 Ontario Inc. for premises operating as HOWEY BAY MOTEL, Highway 105, Unit 26, Red Lake, Ontario, P0V 2M0, licence number 10919;
AND WHEREAS the corporate licensee was represented by legal counsel, John S. Fregeau;
AND WHEREAS the hearing proceeded by way of a written Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) submitted by counsel for the Registrar and John S. Fregeau, acting on behalf of the corporate licensee, which are attached hereto and form part of this decision. With reference to the particulars of the allegations, it was agreed and admitted that:
On June 16, 2006, July 2, 2006 and July 20, 2006, patrons removed liquor from the licensed premises. Four drunken patrons were in the licensed premises on November 17, 2006. Numerous drunken patrons were involved in a fight in the licensed premises on December 15, 2006.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsections 34(1) and 45(1) of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act.
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1608189 Ontario Inc. for premises operating as HOWEY BAY MOTEL, Highway 105, Unit 26, Red Lake, Ontario, P0V 2M0, licence number 10919, be SUSPENDED for EIGHTEEN (18) consecutive days to COMMENCE at 11:00 a.m. on February 18, 2007 and CONTINUE until 2:00 a.m. on March 8, 2007.
DATED AT TORONTO THIS 5th DAY OF FEBRUARY, 2007.
PATRICIA MCQUAID, VICE-CHAIR
PM/sm
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 160819 ONTARIO INC. OPERATING AS HOWEY BAY MOTEL, HIGHWAY 10, UNIT 26, RED LAKE
LICENCE NO. 0010919
AND IN THE MATTER OF NOTICES OF PROPOSAL ISSUED JULY 28, 2006, DECEMEBR 26, 2006 AND JANUARY 19, 2007
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On June 16, 2006, July 2, 2006 and July 20, 2006, patrons removed liquor from the licensed premises. Four drunken patrons were in the licensed premises on November 17, 2006. Numerous drunken patrons were involved in a fight in the licensed premises on December 15, 2006.
Based on paragraph 1, the licensee breached s. 34(1) of Ont. Reg. 719/90, and s. 45(1) of Ont. Reg. 719/90 in respect to drunkenness and disorderly conduct.
The licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
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. 10919 for a period of 18 days commencing at 11:00 a.m. on February 18, 2007 and ending at 2:00 a.m. on March 8, 2007.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegation in the Notice of Proposal.
DATED AT TORONTO THIS 26thDAY OF January 2007.
RESPECTIFULLY SUBMITTED,
John S. Fregeau Phillip Morris
Counsel for the licensee Registrar’s Cousnel