LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: SHOOTERS SPORTS BAR
980 Central Park Dr.
Unit 10
Brampton, Ontario
L6S 3L7
Licensee: Shooters Sports Bar Inc.
Licence Number: 804183
Notice of Proposal: To SUSPEND a licence and to ADD a condition to the licence
Dated February 28, 2006
Supplementary
Notice of Proposal: To REVOKE a licence
Dated May 9, 2006
The Proposals allege that:
(a) 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.
(b) contrary to subsection 25(1) of Ontario Regulation 719/90
under the Liquor Licence Act, liquor was sold and served in the licensed premises outside of prescribed hours.
(c) contrary to section 29 of Ontario Regulation 719/90 under the
Liquor Licence Act, the licence holder failed to clear the signs of service and consumption in the licensed premises within 45 minutes after the end of the period during which liquor may be sold and served under the licence.
(d) contrary to section 29 of the Liquor Licence Act, liquor was
permitted to be sold or supplied to a person who was or appeared to be intoxicated.
(e) 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.
(f) contrary to subsection 45(2) of Ontario Regulation 719/90 under the Liquor Licence Act (the "O.Reg."), 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.
(g) contrary to subsection 45(1) of the Liquor Licence Act, the licence holder obstructed a person carrying out an inspection under the Act.
(h) contrary to subsection 45(2) of the Liquor Licence Act ("LLA"), the licence holder failed to facilitate an inspection relevant to the licence.
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Ave. E., 3rd Floor
Toronto, Ontario
M2N 0A4
January 25, 2007
Presiding
Board Members: Alex McCauley, Member
Guy Maurice, Member
Counsel for the
Registrar: Richard Kulis
Counsel for the
Licensee: Karen Zvolony
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 25, 2007, pursuant to a Notice of Proposal dated February 28, 2006 to suspend a licence and to add a condition to the licence and a Supplementary Notice of Proposal dated May 9, 2006 to revoke the liquor licence issued to Shooters Sports Bar Inc. for premises operating as Shooters Sports Bar at 980 Central Park Dr., Unit 10, Brampton, Ontario, L6S 3L7, licence number 804183;
AND WHEREAS the corporate licensee was represented by legal counsel Karen Zvolony;
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. Zvolony, acting 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 November 24, 2005, at 4:00 a.m. the signs of the service and consumption of liquor were not cleared from the licensed premises. Three drunken patrons were in the licensed premises. Also on February 25, 2006, a drunken patron was in the licensed premises.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45 (1) and section 29 of O. Reg. The Board accepted the withdrawal of all other allegations contained in the Notice of Proposal dated February 28, 2006 and the Supplementary Notice of Proposal dated May 9, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Shooters Sports Bar Inc. for premises operating as Shooters Sports Bar at 980 Central Park Dr., Unit 10, Brampton, Ontario, L6S 3L7, licence number 804183 be SUSPENDED for THIRTEEN (13) consecutive days to COMMENCE at 11:00 a.m. on April 28, 2007 and CONTINUE until 2:00 a.m. on May 11, 2007.
DATED AT TORONTO THIS DAY OF 2007.
ALEX MCCAULEY, BOARD MEMBER GUY MAURICE, BOARD MEMBER
AM/mw
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
SHOOTERS SPORTS BAR INC. OPERATING AS SHOOTERS SPORTS BAR
980 CENTRAL PARK DR., UNIT 10, BRAMPTON,
LICENCE NUMBER 804183
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel, and Registrar's Counsel agree to the following:
On November 24, 2005, at 4:00 a.m. the signs of the service and consumption of liquor were not cleared from the licensed premises. Three drunken patrons were in the licensed premises. Also on February 25, 2006, a drunken patron was in the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to violations of section 29
(fail to clear) and subsection 45 (1) (permit drunkenness) both of Ontario Regulation 719/90 under the Liquor Licence Act.
- The licence holder has a prior seven (7) day suspension of the liquor licence served in
August 2003.
JOINT SUBMISSIONS ON DISPOSITION
The Licence Holder, having consulted with legal counsel, and Registrar's Counsel submit that the following disposition is appropriate in these circumstances:
A thirteen (13) day suspension of the liquor licence.
Should the Board members make the findings as agreed to and impose the disposition
as submitted, then Registrar's counsel will withdraw the remaining allegations in the Notice of Proposal of February 28, 2006.
Dated in Toronto this 25th day of January 2007.
For the licence holder Richard E. Kulis, for the Registrar
Karen Zvolony of the AGCO