LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: REJEANNE’S BAR AND GRILL
700 Balmoral Drive Unit 1 Brampton, Ontario L6T 1X2
Licensee: Rejeanne’s Bar & Grill Ltd.
Licence Number: 801766
Notice of Proposal: To SUSPEND a licence Dated July 26, 2006.
The Proposal alleges that:
Contrary to subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act (the “O. Reg.”), 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
February 16, 2007
Presiding
Board Members: David C. Gavsie, Chair Patricia McQuaid, Vice-Chair
Agent for the
Registrar: Sujin Chan, Student-At-Law
Counsel for the Licensee: Jerry Levitan
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 16, 2007 pursuant to a Notice of Proposal dated July 26, 2006 to suspend the licence issued to Rejeanne’s Bar & Grill Ltd. for premises operating as Rejeanne’s Bar and Grill, 700 Balmoral Drive, Unit 1, Brampton, Ontario, L6T 1X2, licence number 801766;
AND WHEREAS the corporate licensee was represented by legal counsel Jerry Levitan;
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 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 February 21, 2006, a patron in the licensed premises became severely drunk and had to be hospitalized.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45 (1) of the O. Reg.
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Rejeanne’s Bar & Grill Ltd. for premises operating as Rejeanne’s Bar and Grill, 700 Balmoral Drive, Unit 1, Brampton, Ontario, L6T 1X2, licence number 801766 be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on March 9, 2007 and CONTINUE until 2:00 a.m. on March 16, 2007.
DATED AT TORONTO THIS DAY OF 2007.
____________________________________ ________________________________
DAVID C. GAVSIE, CHAIR PATRICIA MCQUAID, VICE-CHAIR
DCG/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
REJEANNE’S BAR & GRILL LTD. OPERATING AS
REJEANNE’S BAR AND GRILL,
700 BALMORAL DRIVE, UNIT 1, BRAMPTON,
LICENCE NUMBER 801766
________________________________________________________________
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel, and Registrar’s Agent agree to the following:
On February 21, 2006, a patron in the licensed premises became severely drunk and had to be hospitalized.
Based on the facts in paragraph 1, the licence holder admits to a violation of subsection of 45 (1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has exhibited remorse and taken steps to prevent future recurrences of this infraction.
The licence holder has had a prior suspension in 2001 for unrelated matters.
JOINT SUBMISSION ON DISPOSITION
The Licence Holder, having consulted with legal counsel, and Registrar’s Agent submit that the following disposition is appropriate in these circumstances:
- A seven (7) day suspension of the liquor licence to commence 11 a.m. March 9, 2007 and to end at 2 a.m. on March 16, 2007.
Dated in Toronto this 16th day of February, 2007.
__________________________________ ____________________________________
Robert Naismith Sujin Chan
For the licence holder Agent for the Registrar
“I have the authority to bind the corporation”
__________________________________
Jerry Levitan
Counsel for the licence holder