LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: QUEEN’S HOTEL
142 Bridge Street
Carleton Place, Ontario
K7C 2V5
Licensee: Queen’s Hotel (Carleton Place) Ltd.
Licence Number: 10830
Notice of Proposal: To SUSPEND a licence
Dated September 29, 2006
Supplementary
Notice of Proposal: To REVOKE a licence
Dated December 14, 2006
The Proposals allege 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.
(b) contrary to section 43 of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to ensure that the number of persons on the premises to which the licence applies, including employees of the licence holder, does not exceed the capacity of the licensed premises as stated on the licence.
(c) contrary to subsection 44(1) of Ontario Regulation 719/90 under the Liquor Licence Act the licence holder failed to ensure that no person was allowed to enter behind the bar of the licensed premises while liquor was being sold or served.
(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.
Hearing: Alcohol & Gaming Commission of Ontario
90 Sheppard Avenue East, Suite 200
Toronto, Ontario
M2N 0A4
February 1, 2007, via teleconference
Presiding
Board Member: Patricia McQuaid, Vice Chair
Agent for the
Registrar: Sujin Chan, Student-at-Law
Agent for the
Licensee: Andrew Willett
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 September 29, 2006, to suspend the licence and a Supplementary Notice of Proposal dated December 14, 2006, to revoke the liquor licence issued to the Queen’s Hotel (Carleton Place) Ltd., for premises operating as QUEEN’S HOTEL, 142 Bridge Street, Carleton Place, Ontario, K7C 2V5, licence number 10830;
AND WHEREAS the licensee was represented by agent, Andrew Willett, 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 agent for the Registrar though negotiated with counsel for the Registrar, and Mr. Willett, appearing on behalf of the corporate licensee, which is attached hereto and forms part of this decision. It was agreed and admitted that:
Drunken patrons were in the licensed premises on August 19, October 4 and 7, 2006. A drunken patron in the licensed premises on October 7, 2006, was served liquor in spite of his intoxicated appearance. Also on October 7, 2006, there were 267 people in an area licensed for 218 people.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under section 29 of the Liquor Licence Act and section 43 and subsection 45(1) of Ontario Revised Regulation 719/90 under the Liquor Licence Act. The Board accepted the withdrawal of the remaining allegation contained in the Supplementary Notice of Proposal dated December 14, 2006;
THEREFORE having considered the Joint Submission on Disposition, and the parties’ request to revise the dates originally agreed to, the Board hereby confirms its oral ORDER that the liquor licence issued to the Queen’s Hotel (Carleton Place) Ltd., for premises operating as QUEEN’S HOTEL, 142 Bridge Street, Carleton Place, Ontario, K7C 2V5, licence number 10830, be SUSPENDED for TWENTY-EIGHT (28) consecutive days to COMMENCE at 11:00 a.m. on April 16, 2007, and CONTINUE until 2:00 a.m. on May 14, 2007.
DATED AT TORONTO THIS DAY OF 2007.
PATRICIA MCQUAID, VICE CHAIR
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 LIQUOR LICENCE OF
QUEEN’S HOTEL (CARLETON PLACE) LTD.,
OPERATING AS QUEEN’S HOTEL,
142 BRIDGE STREET, CARLETON PLACE,
LICENCE NUMBER 10830
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 Counsel agree to the following:
Drunken patrons were in the licensed premises on August 19, October 4 and 7, 2006. A drunken patron in the licensed premises on October 7, 2006, was served liquor in spite of his intoxicated appearance. Also on October 7, 2006, there were 267 people in an area licensed for 218 people.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 45(1) (permit drunkenness) and section 43 (overcrowding) both of Ontario Regulation 719/90 under the Liquor Licence Act and section 29 (serve liquor to intoxicated person) of the Liquor Licence Act.
The licence holder has a prior eleven (11) day suspension in 2005.
Joint Submissions Regarding
Disposition
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 Counsel submit that the following disposition is appropriate in these circumstances:
A twenty-eight (28) days suspension of the liquor licence to start at 11:00 am on Wednesday, April 18, 2007 until 2:00 am on Wednesday, May 16, 2007.
Should the Board members make the findings as agreed to and impose the disposition as submitted, then Registrar’s counsel will withdraw the remaining allegation in the Notice of Proposal of September 29, 2006 and the Supplementary Notice of Proposal of December 14, 2006.
Dated in Toronto this 12 day of January, 2007.
For the licence holder Richard E. Kulis, for the Registrar
Of the AGCO