LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: ROYAL TAVERN
342 Princess Street
Kingston, Ontario
K7L 1B6
Licensee: Kingston Hotel Company Limited
Licence Number: 91246
Notice of Proposal: To REVOKE a licence
Dated April 19, 2006
The Proposal alleges that:
(a) contrary to subsection 45(2) of Ontario Regulation 719/90 under the Liquor Licence Act, 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.
Hearing: Alcohol and Gaming Commission of Ontario
Holiday Inn Kingston
2 Princess Street
Kingston, Ontario
January 25, 2007
Presiding
Board Members: Patricia McQuaid, Vice Chair
Brian J. Ford, Member
Counsel for the
Registrar: Joyce Taylor
Counsel for the
Licensee: John Crouchman
Attendance: Michael Lavin, principal 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 25, 2007, pursuant to a Notice of Proposal dated April 19, 2006, to revoke the licence issued to Kingston Hotel Company Limited for premises operating as ROYAL TAVERN, 342 Princess Street, Kingston, Ontario, K7L 1B6, licence number 91246;
AND WHEREAS the corporate licensee was represented by legal counsel John Crouchman;
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 counsel for the Registrar and Mr. Crouchman, 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 December 14, 2005, police officers visited the licensed premises and found marijuana hidden in the licensed area and cocaine hidden in the basement storage area of the premises. A bartender was arrested for trafficking in controlled drugs and substances as defined in the Controlled Drugs and Substances Act. A patron was found to have cocaine on her person in the licensed area.
AND WHEREAS based on the Agreed Statement of Facts, the Board made a finding under subsection 45(2) of Ontario Revised Regulation 719/90 enacted pursuant to 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 Kingston Hotel Company Limited for premises operating as ROYAL TAVERN, 342 Princess Street, Kingston, Ontario, K7L 1B6, licence number 91246, be SUSPENDED for THIRTY (30) consecutive days to COMMENCE at 11:00 a.m. on February 18, 2007, and CONTINUE until 2:00 a.m. on March 20, 2007.
AND FURTHER the Board ORDERS that the following condition be attached to the licence, on the consent of the licensee:
“The basement of the premises shall be locked at all times unless either the principal of the corporate licensee or at least one of his immediate family members is present in the establishment when that area of the building is unlocked”.
DATED AT TORONTO THIS DAY OF 2007.
__________________________________ ________________________________
PATRICIA MCQUAID, VICE CHAIR BRIAN J. FORD, BOARD MEMBER
PM/rb
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 KINGSTON HOTEL COMPANY LIMITED
OPERATING AS ROYAL TAVERN,
342 PRINCESS STREET, KINGSTON,
LICENCE NO. 91246
________________________________________________________________
AGREED STATEMENT OF FACTS
The Licensee who has been advised by counsel and Registrar’s counsel agree to the following facts in relation to the Notice Of Proposal To Revoke A Licence dated April 19, 2006:
On December 14, 2005, police officers visited the licensed premises and found marijuana hidden in the licensed area and cocaine hidden in the basement storage area of the premises. A bartender was arrested for trafficking in controlled drugs and substances as defined in the Controlled Drugs and Substances Act. A patron was found to have cocaine on her person in the licensed area.
Based on the above-mentioned facts, the licensee admits to having breached section 45(2) of Ontario Revised Regulation 719/90 as amended and enacted pursuant to the Liquor Licence Act.
The licensee has acknowledged that a lack of supervision on his part has contributed to the circumstances under which this situation was allowed to arise in the establishment and the licensee has agreed to be more diligent in his supervision of staff members in order to ensure that these circumstances will not be permitted to arise again.
JOINT SUBMISSION ON DISPOSITION
Whereas this licensee has no prior adverse record before the Board,
The Licensee, who has been advised by counsel, and Registrar’s counsel jointly submit that the following disposition is appropriate in these circumstances:
There shall be a thirty (30) day suspension of liquor licence 91246 to be served on dates to be provided to the Manager of Hearings Section of the Alcohol & Gaming Commission of Ontario, 90 Sheppard Ave. E., Suite 300, Toronto, Ontario, M2N 0A4, fax (416) 326-5566, within seven (7) days of today’s date failing which the Board shall impose the suspension dates without further consultation with the licensee. The suspension cannot commence for at least twenty (20) days following notification and must be completed within ninety (90) days of today’s date.
The following condition shall be added to and printed on the face of the licence:
The basement of the premises shall be locked at all times unless either the principal of the corporate licensee or at least one of his immediate family members is present in the establishment when that area of the building is unlocked.
- Should the Board accept this Agreed Statement of Facts and order the Joint Submissions on Disposition as set out herein, the Registrar shall withdraw all remaining allegations as set out in the Notice of Proposal to Revoke a licence dated April 19, 2006.
Respectfully submitted this 25th day of January 2007.
KINGSTON HOTEL COMPANY LIMITED
__________________________________ ____________________________________
John Michael Lavin Joyce A. Taylor
“I have authority to bind the Corporation” Counsel for the Registrar
__________________________________
John R. Crouchman
Counsel for the Licensee