LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: JACK’S SALOON
432 Simcoe Street South
Oshawa, Ontario
L1H 4V6
Licensee: Kevin Matthew Taylor
Licence Number: 40797
Notice of Proposal: To SUSPEND a Licence
Dated July 25, 2006
The Proposal alleges that:
(a) Contrary to subsection 30.1(1) under the Liquor Licence Act, the licence holder failed to display the Fetal Alcohol Spectrum Disorder warning sign while selling or supplying liquor or offering to sell or supply liquor.
(b) contrary to section 52 of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to post the licence in a conspicuous place in the premises to which the licence applies.
Hearing: Alcohol and Gaming Commission of Ontario
Holiday Inn Oshawa
1011 Bloor St. E.,
Oshawa, Ontario
February 23, 2007
Presiding
Board Member: Beryl Ford, Member
Counsel for the
Registrar: Sujin Chan, Student-at-Law
Attendance: Kevin Matthew Taylor, 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 February 23, 2007, pursuant to a Notice of Proposal dated July 25, 2006, to suspend the liquor licence issued to Kevin Matthew Taylor for premises operating as JACK’S SALOON, 432 Simcoe Street South, Oshawa, Ontario, L1H 4V6, licence number 40797;
AND WHEREAS the licensee appeared on his own behalf and waived his 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 the Agent for the Registrar and Kevin Matthew Taylor, the 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 May 17, 2006, the Fetal Alcohol Spectrum Disorder warning sign and the second page of the liquor licence were not posted.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 30.1(1) of the Liquor Licence Act, and section 52 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 Kevin Matthew Taylor for premises operating as JACK’S SALOON, 432 Simcoe Street South, Oshawa, Ontario, L1H 4V6, licence number 40797, be SUSPENDED for TWO (2) consecutive days to COMMENCE at 11:00 a.m. on March 20, 2007, and CONTINUE until 2:00 a.m. on March 22, 2007.
DATED AT TORONTO THIS DAY OF 2007.
BERYL FORD, BOARD MEMBER
BF/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 LIQUOR LICENCE OF
KEVIN MATTHEW TAYLOR OPERATING AS
JACK’S SALOON, 432 SIMCOE STREET SOUTH, OSHAWA,
LICENCE NUMBER 40797
AGREED STATEMENT OF FACTS
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and having declined that right and agreed to proceed without legal counsel, and Registrar’s Agent agree to the following:
On May 17, 2006, the Fetal Alcohol Spectrum Disorder warning sign and the 2nd page of the liquor license were not posted.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 30.1(1) under the Liquor Licence Act and section 52 of Ontario Regulation 719/90 under the Liquor Licence Act.
JOINT SUBMISSIONS REGARDING
DISPOSITION
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holders right to legal counsel and has declined that right and agreed to proceed without legal counsel, and Registrar’s Agent submit that the following disposition is appropriate in these circumstances:
- A two (2) day suspension of the liquor licence to commence at 11:00 a.m. on March 20, 2007 and to e3nd at 2:00 a.m. on March 22, 2007.
Dated in Toronto this 23rd day of February, 2007.
Kevin Matthew Taylor Sujin Chan
Licence Holder Agent for the Registrar of the AGCO