LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: JAMES’ BLACK BEAR PUB
3276 Danforth Avenue
Toronto, Ontario
M1L 1C3
Licensee: 2055461 Ontario Inc.
Licence Number: 21912
Notice of Proposal: To SUSPEND a Licence
Dated June 20, 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.
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Ave. W., 3^rd^ Floor
Toronto, Ontario
M2N 0A4
January 8, 2007
Presiding
Board Members: Patricia McQuaid, Vice Chair
Alex McCauley, Member
Counsel for the
Registrar: Joyce Taylor
Attendance: Ms. Rino Yagami, on behalf of the corporate licensee
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 8, 2007, pursuant to a Notice of Proposal dated June 20, 2006, to suspend the liquor licence issued to 2055461 Ontario Inc. for premises operating as JAMES’ BLACK BEAR PUB, 3276 Danforth Avenue, Toronto, Ontario, M1L 1C3, licence number 21912;
AND WHEREAS a representative of the corporate licensee appeared on its behalf and waived its right to be represented by legal counsel;
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 Ms. Yagami, appearing 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 February 17, 2006, a drunken patron was permitted on the premises.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45(1) of Ontario Regulation 719/90 under 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 2055461 Ontario Inc. for premises operating as JAMES’ BLACK BEAR PUB, 3276 Danforth Avenue, Toronto, Ontario, M1L 1C3, licence number 21912, be SUSPENDED for FIVE (5) consecutive days to COMMENCE at 11:00 a.m. on February 19, 2007, and CONTINUE until 2:00 a.m. on February 24, 2007.
DATED AT TORONTO THIS DAY OF 2007.
_________________________________ __________________________________
PATRICIA MCQUAID, VICE CHAIR ALEX MCCAULEY, BOARD MEMBER
PM/rb
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 LICENCE OF
2055461 ONTARIO INC.
OPERATING AS JAMES’ BLACK BEAR PUB,
3276 DANFORTH AVENUE, TORONTO,
LICENCE NUMBER 21912
AGREED STATEMENT OF FACTS
The Licensee, who has been advised of his right to legal counsel and having waived that right and chosen to proceed without a lawyer, agrees with Registrar’s counsel to the following facts in relation to the Notice of Proposal to Suspend a Licence dated June 20, 2006:
On February 17, 2006, a drunken patron was permitted in the licensed premises.
Based on the above-mentioned facts, the licensee admits to having breached section 45(10 of Ontario Revised Regulation 719/90, as amended.
The licensee has since taken the advise of the local police officers in order to ensure that this infraction will not take place again.
JOINT SUBMISSIONS REGARDING
DISPOSITION
Whereas this licensee has no prior adverse record before the Board,
The licensee, who has been advised of his right to counsel and having waived that right and chosen to proceed without a lawyer, jointly submits with Registrar’s counsel that the following disposition is appropriate in these circumstances:
There will be a five (5) day suspension of liquor licence 21912 to be served commencing at 11:00 a.m. on February 19, 2007 and continuing until February 24, 2007 at 2:00 a.m.
Should the Board accept the Agreed Statement of Facts and order the Joint Submission on Disposition as set out herein, the Registrar shall withdraw all remaining allegations as set out in the Notice of Proposal to Suspend a Licence dated June 20, 2006.
Respectfully submitted this 8^th^ day of January 2007.
2055461 ONTARIO INC.
_________________________________ ______________________________
Rino Yaami Joyce A. Taylor
Licensee Registrar’s Counsel