LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: BALMER MOTOR HOTEL Main St. (at Lassie Rd.) Balmertown, Ontario P0V 1C0
Licensee: 1254013 Ontario Inc.
Licence Number: 11000
Notice of Proposal: To SUSPEND a licence Dated July 5, 2006
The Proposal alleges that:
contrary to subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act (the "O. Reg.719/90") 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 Ave. East, 3rd Floor Toronto, Ontario M2N 0A4
Via Teleconference February 1, 2007
Presiding
Board Member: Patricia McQuaid, Vice-Chair
Counsel for the
Registrar: Phillip Morris
Counsel for the Licensee: John 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 5, 2006 to suspend the licence issued to 1254013 Ontario Inc. for premises operating as Balmer Motor Hotel, Main St. (at Lassie Rd), Balmertown, Ontario, P0V 1C0, licence number 11000;
AND WHEREAS the corporate licensee was represented by legal counsel John 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 the counsel for the Registrar and 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:
On January 1, 2006, there was a fight in the licensed premises. On March 25, 2006, there was a fight in the licensed premises involving drunken patrons.
AND WHEREAS based on the Agreed Statement of Facts, the Board made a finding under subsection 45 (1) of the O. Reg. 719/90 The Board accepted the withdrawal of the remaining allegation contained in the Notice of Proposal dated July 5, 2006.
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1254013 Ontario Inc. for premises operating as Balmer Motor Hotel, Main St. (at Lassie Rd), Balmertown, Ontario, P0V 1C0, licence number 11000 be SUSPENDED for TWELVE (12) consecutive days to COMMENCE at 11:00 a.m. on March 4, 2007 and CONTINUE until 2:00 a.m. on March 16, 2007.
DATED AT TORONTO THIS DAY OF 2007.
____________________________________
PATRICIA MCQUAID, VICE-CHAIR
PM/mw
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 1254013 ONTARIO INC. OPERATING AS BALMER MOTOR HOTEL, MAIN ST. (AT LASSIE RD), BALMERTOWN, LICENCE NUMBER 11000
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED JULY 5, 2006
________________________________________________________________
AGREED STATEMENT OF FACTS
The Licensee, after consultation with counsel, and the Registrar agree to the following facts:
On January 1, 2006, there was a fight in the licensed premises. On March 25, 2006, there was a fight in the licensed premises involving drunken patrons.
Based on paragraph 1, the licensee breached s. 45 (1) of Ont. Reg. 719/90 by permitting drunkenness and disorderly conduct in the licensed premises.
The licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
JOINT SUBMISSION ON DISPOSITION
The Licensee, after consultation with counsel, and the Registrar submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
- The Board shall suspend licence no. 0011000 for a period of 12 days commencing at 11:00 a.m. on March 4, 2007 and ending at 2:00 a.m. on March 16, 2007.
- 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 26^TH^ DAY OF JANUARY, 2007.
RESPECTFULLY SUBMITTED,
__________________________________ _________________________________
John S. Fregeau Phillip Morris
Counsel for the licensee Registrar's Counsel