LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: CLUB RENAISSANCE
24 Charles Street West
Kitchener, Ontario
N2G 1H2
Licensee: 1066697 Ontario Inc.
Licence Number: 800506
Notice of Proposal: To SUSPEND a licence and to add a CONDITION to the licence
September 29, 2006
The Proposal alleges that:
Contrary to subsection 25(1) of Ontario Regulation 719/90 under the Liquor Licence Act, liquor was sold and served in the licensed premises outside of prescribed hours.
And to order that the sale and service of liquor cease at 10:00 p.m. and that the signs of the sale and service of liquor be cleared by 10:45 p.m.
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, 3rd Floor
Toronto, Ontario
M2N 0A4
February 12, 2007
Presiding
Board Member: David C. Gavsie, Chair
Counsel for the
Registrar: Brad Alton
Agent for the
Licensee: Robert Plouffe
Exhibits: #1 Authorization for Robert Plouffe to act for licensee
#2 Agreed Statement of Facts
#3 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 teleconference hearing on February 12, 2007, pursuant to a Notice of Proposal dated September 29, 2006, to suspend the licence and to add a condition to the liquor licence issued to 1066697 Ontario Inc. for premises operating as CLUB RENAISSANCE, 24 Charles Street West, Kitchener, Ontario, N2G 1H2, licence number 800506;
AND WHEREAS Robert Plouffe, an agent, appeared on the corporate licensee’s behalf and waived its 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 the Counsel for the Registrar and Robert Plouffe, appearing 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:
An inspection on June 23, 2006, found that liquor was served in the licensed premises after 2:00 a.m.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 25(1) of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act. The Board accepted the withdrawal of the request for a condition on the licence 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 1066697 Ontario Inc. for premises operating as CLUB RENAISSANCE, 24 Charles Street West, Kitchener, Ontario, N2G 1H2, licence number 800506, be SUSPENDED for SIX (6) consecutive days to COMMENCE at 11:00 a.m. on April 29, 2007 and CONTINUE until 2:00 a.m. on May 5, 2007.
DATED AT TORONTO THIS DAY OF 2007.
DAVID C. GAVSIE, CHAIR
DCG/sm
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 1066697 ONTARIO INC.,
OPERATING AS CLUB RENAISSANCE, 24 CHARLES STREET WEST, KITCHENER
LICENCE NUMBER 0800506
NOTICE OF PROPOSAL NUMBER 14564
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 and Add a Condition to the Licence dated September 29, 2006 and issued on October 02, 2006;
An inspection on June 23 2006, found that liquor was served in the licensed premises after 2:00 a.m.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of Subsection 25(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 1066697 ONTARIO INC.,
OPERATING AS CLUB RENAISSANCE, 24 CHARLES STREET WEST, KITCHENER
LICENCE NUMBER 0800506
NOTICE OF PROPOSAL NUMBER 14564
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 has declined that right and agreed to proceed without legal counsel, and Registrar’s Counsel submit the following disposition is appropriate in these circumstances:
There shall be a SIX (6) day suspension of liquor licence #0800506 to be served consecutively within NINETY (90) days of today’s date, on dates to be provided, in writing, to the Manager of Hearings within SEVEN (7) days of the date this Joint Submission is heard and approved by the Board, failing which dates shall be imposed by the Board without further consultation with the Licensee. Further, the Licensee is aware that the proposed suspension cannot start within 20 days of the date of acceptance by the Board. The Licensee is aware that the suspension period must encompass the day of the week that the infraction was committed on.
Should the Board members make the findings as agreed and impose the disposition as submitted then Registrar’s Counsel will withdraw the request for the imposition of the early closing condition on the liquor licence.
Dated this 1st of February, 2007.
Cheryl Lynn MacDonald Brad Alton, Counsel for the
Licence Holder Registrar of the AGCO
“I have authority to bind the corporate licensee”
Frances Elizabeth Furlong R.J. Plouffe- Agent
Licence Holder
“I have authority to bind the corporate licensee”