LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: BOGART’S NITECLUB 2477 Dougall Avenue Windsor, Ontario N8X 1T3
Licensee: 1603839 Ontario Limited Licence Number: 24889
Notice of Proposal: To SUSPEND a licence Dated July 6, 2006
The Proposal alleges that:
(a) 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.
(b) Contrary to subsection 45(2) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder permitted a person to hold, offer for sale, sell, distribute or consume a narcotic as defined in the Controlled Drugs and Substances Act on the premises or in the adjacent washrooms, liquor and food preparation areas and storage areas under the exclusive control of the licence holder.
(c) 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.
Hearing: Holiday Inn Select – Windsor 1855 Huron Church Road Windsor, Ontario N9C 2L6 January 11, 2007
Presiding
Board Members: David C. Gavsie, Chair Brian J. Ford, Member
Counsel for the
Registrar: Brad Alton
Counsel for the Licensee: Daniel Topp
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 hearing on January 11, 2007 pursuant to a Notice of Proposal dated July 6, 2006 to suspend the licence issued to 1603839 Ontario Limited for premises operating as BOGART’S NITECLUB, 2477 Dougall Avenue, Windsor, Ontario, N8X 1T3, licence number 24889;
AND WHEREAS the corporate licensee was represented by legal counsel, Daniel Topp;
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 the counsel for the Registrar and Daniel Topp, counsel for 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:
An inspection on April 13, 2006, found patrons smoking marijuana on the licensed patio.
During an inspection on April 13, 2006, an AGCO inspector found that patrons were leaving the licensed patio to an unlicensed area with alcoholic beverages.
On April 13, 2006, during a liquor inspection, a drunken patron was found in the licensed premises.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsections 34(1), 45(1) and 45(2) of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act;
AND WHEREAS the corporate licensee or a representative failed to submit proposed suspension dates within the time period specified;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1603839 Ontario Limited for premises operating as BOGART’S NITECLUB, 2477 Dougall Avenue, Windsor, Ontario, N8X 1T3, licence number 24889, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on April 10, 2007 and CONTINUE until 2:00 a.m. on April 24, 2007.
DATED AT TORONTO THIS 13TH DAY OF FEBRUARY, 2007.
BRIAN J. FORD, BOARD MEMBER DAVID C. GAVSIE, CHAIR
BJF/sm
Attachment.
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
1603839 ONTARIO LIMITED,
OPERATING AS BOGART’S NITECLUB,
2477 DOUGALL AVENUE, WINDSOR
LICENCE NUMBER 24889
NOTICE OF PROPOSAL NUMBER 14192
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel and Registrar’s Counsel agree to the following with respect to the Notice of Proposal to Suspend a Licence dated July 06 2006:
An inspection on April 13, 2006, found patrons smoking marijuana on the licensed patio.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of subsection 45(2) of Ontario Regulation 719/90 under the Liquor Licence Act.
During an inspection on April 13, 2006, an AGCO inspector found that patrons were leaving the licensed patio to an unlicensed area with alcoholic beverages.
Based on the facts in paragraph 3, the Licence Holder admits to a violation of subsection 34(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
On April 13, 2006, during a liquor inspection, a drunken patron was found in the licensed premises.
Based on the facts in paragraph 5, the Licence Holder admits to a violation of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The Licence Holder has no prior adverse record with the Board.
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 dated July 06 2006, is appropriate in these circumstances:
- There shall be a fourteen (14) day suspension of liquor licence #24889 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 30 days of the today’s date, failing which dates shall be imposed by the Board without further consultation with the Licensee. The Licensee is aware that the proposed suspension cannot start within 15 days from the date on which the licensee submits the proposed suspension dates.
Dated at Windsor this 11th day of January, 2006.
Daniel Topp Brad Alton, Counsel for the Counsel for the Licence Holder Registrar of the AGCO