LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: STAMPEDE CORRAL RESTAURANT
248 Sterling Avenue South, Units 1-6
Kitchener, Ontario
N2G 4L1
Licensee: 1325211 Ontario Inc.
Licence Number: 0100054
Notice of Proposal: To SUSPEND a licence
Dated September 29, 2006
The Proposal alleges that:
(a) contrary to section 29 of the Liquor Licence Act (the "LLA"), liquor was permitted to be sold or supplied to a person who was or appeared to be intoxicated.
(b) contrary to subsection 45(1) of Ontario Regulation 719/90 (the "O. Reg.") under the LLA, 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 Avenue East, 3rd Floor
Toronto, Ontario
M2N 0A4
February 12, 2007, via teleconference
Presiding
Board Member: David C. Gavsie, Chair
Counsel for the
Registrar: Brad Alton
Counsel for the
Licensee: Hal Mattson
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 via teleconference on February 12, 2007, pursuant to a Notice of Proposal dated September 29, 2006, to suspend the licence issued to 1325211 Ontario Inc. for premises operating as STAMPEDE CORRAL RESTAURANT, 248 Stirling Avenue South, Unit 1-6, Kitchener, Ontario, N2G 4L1, licence number 0100054;
AND WHEREAS the corporate licensee was represented by legal counsel Hal Mattson;
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 Hal Mattson, 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 March 19, 2006, a drunken female patron was in the licensed premises.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45(1) of the O. Reg. enacted pursuant to the LLA. The Board accepted the withdrawal of the remaining allegation contained in the Notice of Proposal dated September 29, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1325211 Ontario Inc. for premises operating as STAMPEDE CORRAL RESTAURANT, 248 Stirling Avenue South, Unit 1-6, Kitchener, Ontario, N2G 4L1, licence number 0100054, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on May 6, 2007 and CONTINUE until 2:00 a.m. on May 20, 2007.
DATED AT TORONTO THIS DAY OF 2007.
__________________________
DAVID C. GAVSIE, CHAIR
DCG/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 1325211 ONTARIO INC. OPERATING AS
STAMPEDE CORRAL RESTAURANT, 248 STIRLING AVENUE SOUTH, UNIT 1-6, KITCHENER,
LICENCE NUMBER 0100054
NOTICE OF PROPOSAL NUMBER 14571
________________________________________________________________
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel and Registrar's Counsel agree to the following with respect to the Notice Of Proposal To Suspend a Licence dated September 29, 2006:
On March 19, 2006, a drunken patron was in the licensed premises.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
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 1325211 ONTARIO INC. OPERATING AS
STAMPEDE CORRAL RESTAURANT, 248 STIRLING AVENUE SOUTH, UNIT 1-6, KITCHENER,
LICENCE NUMBER 0100054
NOTICE OF PROPOSAL NUMBER 14571
JOINT SUBMISSION REGARDING
DISPOSITION
The Licence Holder, having consulted legal counsel, and Registrar's counsel submit that the following disposition, with respect to the Notice Of Proposal To Suspend a Licence is appropriate in these circumstances:
There shall be a FOURTEEN (14) day suspension of liquor licence #0100054 to be served consecutively commencing at 11:00 a.m., on May 06, 2007, and ending at 2:00 a.m. on May 20, 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(s), if any, in the Notice of Proposal of September 29, 2006.
Dated at Kitchener and Toronto this Jan. 20 day of January, 2007.
__________________________________ ______________________________
Andrew Charles MacKay Brad Alton, Counsel for the
Licence Holder Registrar of the AGCO
"I have authority to bind the corporate licensee"
_________________________________
Harald Mattson
Counsel for the Licence Holder