LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: THAT FUN PLACE 44 Talbot St. W. Leamington, Ontario N8H 1M4
Licensee: Jose Eduardo Mancebo Licence Number: 806883
Notice of Proposal: To SUSPEND a licence Dated June 20, 2006
Supplementary Notice of Proposal: To SUSPEND a licence Dated August 16, 2006
Supplementary Notice of Proposal: To REVOKE a licence Dated August 31, 2006
Supplementary Notice of Proposal: To REVOKE a licence November 9, 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 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.
(c) contrary to subsection 18.2 (1) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder permitted contests on the licensed premises which involved the purchase or consumption of liquor.
(d) contrary to subsection 18.2 (2) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder permitted contests which required a patron to remain on the premises in order to receive the prize.
(e) 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.
(f) contrary to subsection 45 (1) of the Liquor Licence Act, the licence holder obstructed a person carrying out an inspection under the Act.
(g) contrary to subsection 45(2) of the Liquor Licence Act ("LLA"), the licence holder failed to facilitate an inspection relevant to the licence.
Hearing: Holiday Inn Select 1855 Huron Church Road Windsor, Ontario January 10, 2007.
Presiding Board Members: David C. Gavsie, Chair Brian J. Ford, Member
Counsel for the Registrar: Brad Alton
Exhibits: #1 Agreed Statement of Facts #2 Joint Submission on Disposition
Attendance: Jose Eduardo Mancebo, licensee
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 10, 2007 pursuant to a Notice of Proposal dated June 20, 2006 to suspend a licence, a Supplementary Notice of Proposal dated August 16, 2006 to suspend a licence, a Supplementary Notice of Proposal dated August 31, 2006 to revoke a licence and a Supplementary Notice of Proposal dated November 9, 2006 to revoke a licence issued to Jose Eduardo Mancebo for premises operating as That Fun Place, 44 Talbot St. W., Leamington, Ontario, N8H 1M4, licence number 806883;
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 counsel for the Registrar and Mr. Mancebo, acting on his own behalf, and signed by the licensee, which is attached hereto and forms part of this decision. It was agreed and admitted that:
An inspection on May 5, 2006, and June 16, 2006, found drunken patrons in the licensed premises.
An inspection on May 6, 2006, August 19, 2006 and on September 24, 2006, found that patrons had removed liquor from a licensed area to an unlicensed area.
An inspection on June 16, 2006, found that the licence holder had permitted patrons and an employee to smoke marijuana in the licensed premises.
During an inspection on June 16, 2006, the licence holder and staff obstructed a police officer during an arrest in the licensed premises.
An inspection on May 31, 2006, found that the Licence Holder had operated a contest in the licensed premises which required entrants to purchase liquor to enter the contest.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45 (1) of the LLA and subsections 45 (1), 45(2), 34 (1), and 18.2(1) of O. Reg. The Board accepted the withdrawal of the remaining allegations contained in the Notice of Proposal dated June 20, 2006 and the Supplementary Notices of Proposal dated August 16, 2006, August 31, 2006, and November 9, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Jose Eduardo Mancebo for premises operating as That Fun Place, 44 Talbot St. W., Leamington, Ontario, N8H 1M4, licence number 806883 be SUSPENDED for FORTY-FIVE (45) consecutive days to COMMENCE at 11:00 a.m. on March 1, 2007, and CONTINUE until 2:00 a.m. on April 15, 2007.
AND FURTHER, the Board ORDERS that the following conditions be attached to the licence, on the consent of the licensee;
A security person, employed by the Licence Holder, wearing visibly identifiable clothing, shall be posted at each exterior door of the establishment from 8:00 p.m. until closing on Thursday, Friday, Saturday and Sunday nights.
That Jennifer Mancebo, the licensee's daughter, is not to be employed for pay or otherwise or work in the premises.
DATED AT TORONTO THIS DAY OF 2007.
BRIAN J. FORD, BOARD MEMBER DAVID C. GAVSIE, CHAIR
BJF/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 JOSE EDUARDO MANCEBO OPERATING AS THAT FUN PLACE, 44 TALBOT STREET WEST, LEAMINGTON, LICENCE NUMBER 806883
NOTICE OF PROPOSAL NUMBER 14233
SUPPLEMENTARY NOTICE OF PROPOSAL NUMBER 14398, 14496, 14687
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 with respect to the Notice of Proposal to Suspend a Licence dated June 20, 2006; the Supplementary Notice of Proposal to Suspend a Licence dated August 16, 2006; the Supplementary Notice of Proposal to Revoke a Licence dated August 31, 2006, and the further Supplementary Notice of Proposal to Revoke a Licence dated November 9, 2006;
An inspection on May 5, 2006, and June 16, 2006, found drunken patrons in the licensed premises.
Based on the facts in paragraph 1, the Licence Holder admits to violations of subsection 45 (1) of Ontario Regulation 719/90 under the Liquor Licence Act.
An inspection on May 6, 2006, August 19, 2006 and on September 24, 2006, found that patrons had removed liquor from a licensed area to an unlicensed area.
Based on the facts in paragraph 3, the Licence Holder admits to violations of subsection 34 (1) of Ontario Regulation 719/90 under the Liquor Licence Act.
An inspection on June 16, 2006, found that the licence holder had permitted patrons and an employee to smoke marijuana in the licensed premises.
Based on the facts in paragraph 5, the Licence Holder admits to a violation of subsection 45 (2) of Ontario Regulation 719/90 under the Liquor Licence Act.
During an inspection on June 16, 2006, the licence holder and staff obstructed a police officer during an arrest in the licensed premises.
Based on the facts in paragraph 7, the Licence Holder admits to a violation of subsection 45 (1) under the Liquor Licence Act.
An inspection on May 31, 2006, found that the Licence Holder had operated a contest in the licensed premises which required entrants to purchase liquor to enter the contest.
Based on the facts in paragraph 9, the Licence Holder admits to a violation of ss. 18.2(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The Licence holder has no prior adverse record with the Commission.
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 JOSE EDUARDO MANCEBO OPERATING AS THAT FUN PLACE, 44 TALBOT STREET WEST, LEAMINGTON, LICENCE NUMBER 806883
NOTICE OF PROPOSAL NUMBER 14233
SUPPLEMENTARY NOTICE OF PROPOSAL NUMBER 14398, 14496, 14687
JOINT SUBMISSIONS ON 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 agree that the following disposition is appropriate in these circumstances:
There shall be a FORTY-FIVE (45) day suspension of liquor licence #806883 to be served consecutively commencing at 11:00 A.M., on March 1, 2007 and ending at 2:00 A.M. on April 15, 2007.
The Licensee consents to the following condition being added to liquor licence #806883:
"A security person, employed by the Licence Holder, wearing visibly identifiable clothing, shall be posted at each exterior door of the establishment from 8:00 p.m. until closing on Thursday, Friday, Saturday and Sunday nights."
2a. A further condition added to liquor licence #806883:
"That Jennifer Mancebo, the licensee's daughter, is not to be employed for pay or otherwise or work in the premises."
- 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, if any, in the Notice of Proposal and the Supplementary Notices of Proposal.
Dated at Windsor this 10th day of January, 2007.
Jose Eduardo Mancebo Brad Alton, Counsel for the Licence Holder Registrar of the AGCO