LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: TAPS ON TALBOT 110-114 Dundas Street London, Ontario N6A 1G1
Licensee: 1524856 Ontario Ltd. Licence Number: 809450
Notice of Proposal: To SUSPEND a licence Dated July 28, 2006
The Proposal alleges that:
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.
Hearing: Station Park All Suite Hotel - London 242 Pall Mall Street London, Ontario N6A 5P6 January 18, 2007
Presiding
Board Members: Alex McCauley, Member Brian J. Ford, Member
Counsel for the
Registrar: Brad Alton
Counsel for the Licensee: Jeannine LeRoy
Attendance: Roland Caron & David Giovanniello, officers directors and shareholders of the licensee corporation
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 18, 2007 pursuant to a Notice of Proposal dated July 28, 2006 to suspend the licence issued to 1524856 Ontario Ltd. for premises operating as TAPS ON TALBOT, 110-114 Dundas Street, London, Ontario, N6A 1G1;
AND WHEREAS the corporate licensee was represented by legal counsel, Jeannine LeRoy;
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 Jeannine LeRoy, 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 April 28, 2006, there were approximately 40 people in an area with a licence capacity of only 22 people.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under section 43 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 1524856 Ontario Ltd. for premises operating as TAPS ON TALBOT, 110-114 Dundas Street, London, Ontario, N6A 1G1, be SUSPENDED for FIVE (5) consecutive days to COMMENCE at 11:00 a.m. on March 2, 2007 and CONTINUE until 2:00 a.m. on March 7, 2007.
DATED AT TORONTO THIS DAY OF 2007.
BRIAN J. FORD, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER
BJF/sm
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 THE LIQUOR LICNEECE OF 1524856 ONTARIO LTD., OPERATING AS TAPS ON TALBOT, 110-114 DUNDAS STREET, LONDON LICENCE NUMBER 0809450 NOTICE OF PROPOSAL NUMBER 14388
AGREED STATEMENT OF FACTS
The Licence Holder, who is represented by legal counsel and Registrar’s Counsel agree to the following with respect to the Notice of Proposal to Suspend a Licence dated July 28, 2006:
On April 28, 2006, there were approximately 40 people in an area with a licence capacity of only 22 people.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of s.43 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 THE LIQUOR LICNEECE OF 1524856 ONTARIO LTD., OPERATING AS TAPS ON TALBOT, 110-114 DUNDAS STREET, LONDON LICENCE NUMBER 0809450 NOTICE OF PROPOSAL NUMBER 14388
JOINT SUBMISSION ON DISPOSITION
The Licence Holder and Registrar’s Counsel agree that the following disposition is appropriate in these circumstances:
There shall be a five (5) day suspension of liquor licence #0809450 to be served consecutively commencing at 11:00 a.m. on March 02 2007, and ending at 2:00 a.m. on March 07 2007.
Should the Board members make the findings as agreed to, and impose the disposition as submitted, then the Registrar will withdraw the remaining allegation(s), if any, in the Notice of Proposal of July 28, 2006.
Dated at London this 18th day of January, 2007.
Luana Caron/ Roland Paul Caron Brad Alton, Counsel for the Licence Holder Registrar of the AGCO
David Giovanniello/Jacqueline (Jackie) Alison Giovanniello Licence Holder
“I have authority to bind the corporate licensee”