LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: PLACE BAR & GRILL (THE)
8 Rambler Drive, Unit 11 Village Square Shopping Centre Brampton, Ontario L6W 1E2
Licensee: 1577107 Ontario Inc.
Licence Number: 90915
Notice of Proposal: To SUSPEND a Licence Dated October 26, 2006
The Proposal alleges that:
(a) contrary to subsection 45(1) of Ontario Regulation 719/90 (the "O. Reg.") under the Liquor Licence Act (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;
(b) contrary to subsection 34 (1) of the O. Reg. under the LLA, the licence holder permitted a patron to remove liquor from the licensed premises.
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, 3rd Floor Toronto, Ontario M2N 0A4
February 16, 2007
Presiding Board Members: David C. Gavsie, Chair Patricia McQuaid, Vice Chair
Agent for the
Registrar: Sujin Chan, Student-at-Law
Agent for the Licensee: Chris Stevens
Attendance: Ben Young, on behalf of the corporate licensee
Exhibits: #1 Floor plan of the premises #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 hearing on February 16, 2007, pursuant to a Notice of Proposal dated October 26, 2006, to suspend the liquor licence issued to 1577107 Ontario Inc., for premises operating as PLACE BAR & GRILL (THE), 8 Rambler Drive, Unit 11, Village Square Shopping Centre, Brampton, Ontario, L6W 1E2, licence number 90915;
AND WHEREAS Chris Stevens, appeared on behalf of the corporate licensee and waived its right to be represented by legal counsel;
AND WHEREAS after some evidence, Registrar's Agent withdrew the subsection 34(1) of the O. Reg. alleged violation, and then the hearing proceeded by way of a written Agreed Statement of Facts (Exhibit #2) and Joint Submission on Disposition (Exhibit #3) submitted by the Agent for the Registrar and Mr. Stevens, 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:
On July 1, 2006, a drunken patron displayed aggressive and disorderly behaviour towards liquor licence inspectors.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45(1) of the O. Reg. under the LLA. The Board accepted the withdrawal of all other allegation(s) contained in the Notice of Proposal dated October 26, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1577107 Ontario Inc., for premises operating as PLACE BAR & GRILL (THE), 8 Rambler Drive, Unit 11, Village Square Shopping Centre, Brampton, Ontario, L6W 1E2, licence number 90915, be SUSPENDED for THREE (3) consecutive days to COMMENCE at 11:00 a.m. on May 18, 2007, and CONTINUE until 2:00 a.m. on May 21, 2007.
DATED AT TORONTO THIS DAY OF 2007.
DAVID C. GAVSIE, CHAIR PATRICIA MCQUAID, VICE 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 1577107 ONTARIO INC., OPERATING AS THE PLACE BAR & GRILL, 8 RAMBLER DRIVE, VILLAGE SQUARE SHOPPING CENTRE, UNIT 11, BRAMPTON, LICENCE NUMBER 90915
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 decided to proceed with an Agent; and Registrar's Agent agree to the following:
On July 1, 2006, a drunken patron displayed aggressive and disorderly behaviour towards liquor licence inspectors.
Based on the facts in paragraph 1, the licence holder admits to violation of subsections 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has previously served a seven day suspension in 2006 for service to intoxicated patrons and permitting drunkenness. This 2006 suspension occurred only after the infraction of July 1, 2006. As this infraction was not included in the prior agreement, the seven day suspension was agreed upon, instead of a higher suspension.
Joint Submission Regarding Disposition
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holders right to legal counsel and has declined that right and agreed to proceed without legal counsel, and decided to proceed with an Agent; and Registrar's Agent submit that the following disposition is appropriate in these circumstances:
- A three (3) day suspension of the liquor licence, Friday, Saturday, Sunday.
Dated in Toronto this 16th day of February, 2007.
Ben Young Sujin Chan
For the licence holder Agent for the Registrar of the AGCO
"I have authority to bind the corporation"
Chris Stevens
Agent for the licence holder