LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: FROSTY JOHN’S PUB 100 Mearns Avenue Unit 7 & 8 Bowmanville, Ontario L1C 3A2
Licensee: Frosty John’s Inc. Licence Number: 811110
Notice of Proposal: To SUSPEND a licence Dated July 5, 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: Holiday Inn - Oshawa 1011 Bloor Street East Oshawa, Ontario L1H 7K6 January 23, 2007
Presiding Board Member: Alex McCauley, Member
Counsel for the
Registrar: Brad Alton
Attendance: John Charles Duval, officer, director and shareholder 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 23, 2007 pursuant to a Notice of Proposal dated July 5, 2006 to suspend the liquor licence issued to Frosty John’s Inc. for premises operating as FROSTY JOHN’S PUB, 100 Mearns Avenue, Unit 7 & 8, Bowmanville, Ontario, L1C 3A2, licence number 811110;
AND WHEREAS John Duval, 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 John Duval, 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 May 13, 2006, there were approximately 145 people in an area licensed for only 110 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 Frosty John’s Inc. for premises operating as FROSTY JOHN’S PUB, 100 Mearns Avenue, Unit 7 & 8, Bowmanville, Ontario, L1C 3A2, licence number 811110, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on March 18, 2007 and CONTINUE until 2:00 a.m. on March 25, 2007.
DATED AT TORONTO THIS DAY OF 2007.
ALEX MCCAULEY, BOARD MEMBER
AM/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 FROSTY JOHN’S INC., OPERATING AS FROSTY JOHN’S PUB 100 MEARNS AVENUE, UNIT 7&8, BOWMANVILLE LICENCE NUMBER 811110 NOTICE OF PROPOSAL NUMBER 14274
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 dated July 05, 2006:
On May 13, 2006, there were approximately 145 people in an area licensed for only 110 people.
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.
The Licence Holder has no prior adverse record.
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 FROSTY JOHN’S INC., OPERATING AS FROSTY JOHN’S PUB 100 MEARNS AVENUE, UNIT 7&8, BOWMANVILLE LICENCE NUMBER 811110 NOTICE OF PROPOSAL NUMBER 14274
JOINT SUBMISSIONS ON DISPOSITION
The Licence Holder and Registrar’s Counsel agree that the following disposition is appropriate in these circumstances.
- There shall be a SEVEN (7) day suspension of liquor licence #0811110 to be served consecutively commencing at 11:00 a.m. on March 18, 2007, and ending at 2:00 a.m., on March 25, 2007.
Dated Oshawa this 23rd day of January 2007.
John Charles Duval Licence Holder “I have authority to bind the licensee”
Brad Alton, Counsel for the Registrar of the AGCO