LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: FOX & FIDDLE
77 King Street North
Waterloo, Ontario
N2J 2X3
Licensee: 1670941 Ontario Inc.
Licence Number: 21764
Notice of Proposal: To SUSPEND a licence
Dated July 25, 2006
Supplementary
Notice of Proposal: To SUSPEND a licence
Dated September 29, 2006
The Proposals allege that:
(a) contrary to section 43 of Ontario Regulation 719/90 (the O. Reg.”) under the Liquor Licence Act (the “LLA”), 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;
(b) contrary to section 29 of the LLA, liquor was permitted to be sold or supplied to a person who was or appeared to be intoxicated; and
(c) contrary to subsection 45(1) of 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, 3^rd^ 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: Jerry Levitan
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 July 25, 2006, to suspend a licence, and a Supplementary Notice of Proposal dated September 29, 2006, to suspend the liquor licence issued to 1670940 Ontario Inc., for premises operating as FOX & FIDDLE, 77 King Street North, Waterloo, Ontario, N2J 2X3, licence number 21764;
AND WHEREAS the corporate licensee was represented by legal counsel Jerry Levitan;
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 Jerry Levitan, acting on behalf of 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 inspection of March 17, 2006, found that there were more patrons in the licensed premises than allowed for under the liquor licence.
On May 26, 2006, drunken patrons were found in the licensed premises.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under section 43 and subsection 45(1) of the O. Reg. enacted pursuant to the LLA. The Board accepted the withdrawal of all other allegations contained in the Notice of Proposal dated July 25, 2006, and the Supplementary Notice of Proposal dated September 29, 2006, and further the Board noted that the licence holder had withdrawn its application for additional area, which application was dated September 14, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1670940 Ontario Inc., for premises operating as FOX & FIDDLE, 77 King Street North, Waterloo, Ontario, N2J 2X3, licence number 21764, be SUSPENDED for ELEVEN (11) consecutive days to COMMENCE at 11:00 a.m. on May 7, 2007, and CONTINUE until 2:00 a.m. on May 18, 2007.
DATED AT TORONTO THIS DAY OF 2007.
_________________________________
DAVID C. GAVSIE, CHAIR
DCG/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
1670940 ONTARIO INC.,
OPERATING AS FOX & FIDDLE,
77 KING STREET NORTH, WATERLOO,
LICENCE NUMBER 0021764
NOTICE OF PROPOSAL NUMBER(S) 14365, 14528
SUPPLEMENTARY NOTICE OF PROPOSAL NUMBER 14575
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 July 26, 2006, and the Supplementary Notice of Proposal dated September 29, 2006, and the Notice of Proposal to Review Application dated September 24, 2006:
On inspection on March 17, 2006, found that there were more patrons in the licensed premises than allowed for under the liquor licence.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of section 43 of Ontario Regulation 719/90 under the Liquor Licence Act.
On May 26, 2006, drunken patrons were in the licensed premises.
Based on the facts in paragraph 3, the Licence Holder admits to a violation of subsection 45(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
1670940 ONTARIO INC.,
OPERATING AS FOX & FIDDLE,
77 KING STREET NORTH, WATERLOO,
LICENCE NUMBER 0021764
NOTICE OF PROPOSAL NUMBER(S) 14365, 14528
SUPPLEMENTARY NOTICE OF PROPOSAL NUMBER 14575
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 and the Notice of Proposal to Review Application, is appropriate in these circumstances:
There shall be an ELEVEN (11) day suspension of liquor licence #0021764 to be served consecutively commencing at 11:00 a.m. on May 07, 2007, and ending at 2:00 a.m. on May 18, 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) in the Notice(s) of Proposal and the Supplementary Notice of Proposal.
The Licence Holder hereby withdraws his application for additional licensed areas.
Dated this 31 day of January, 2007.
____________________________________ __________________________________
Sutharsan Ambalavanar Brad Alton, Counsel for the
Licence Holder Registrar of the AGCO
“I have authority to bind the corporate licensee”
_____________________________________
Jerry Levitan
Counsel for the Licence Holder