LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: LITTLE TEXAS BAR & GRILL 325 North Front Street Belleville, Ontario K8P 3C6
Licensee: 1126430 Ontario Inc. Licence Number: 804613
Notice of Proposal: To SUSPEND a licence and to ADD a condition to the licence Dated May 25, 2006
Supplementary Notice of Proposal: To SUSPEND a licence Dated November 7, 2006
The Proposals allege that:
(a) contrary to subsection 30(4) of the Liquor Licence Act, the licensee or the licensee’s employee or agent permitted a person who appeared to be under the age of 19 years to have or consume liquor in the licensed premises.
(b) contrary to subsection 41(1) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to inspect a piece of identification of a person apparently under the age of 19 years prior to selling or serving liquor to that person.
(c) contrary to section 29 of the Liquor Licence Act, liquor was permitted to be sold or supplied to a person who was or appeared to be intoxicated.
(d) contrary to subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act, 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.
(e) 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.
And to add a condition to the licence ordering:
“That no person under the age of 19 years be allowed in the licensed premises”.
Hearing: Alcohol and Gaming Commission of Ontario Fairfield Inn & Suites 407 North Front Street Belleville, Ontario January 24, 2007
Presiding Board Members: Alex McCauley, Member Guy Maurice, Member
Counsel for the
Registrar: Joyce Taylor
Counsel for the Licensee: John D. Bonn
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 24, 2007, pursuant to a Notice of Proposal dated May 25, 2006, and a Supplementary Notice of Proposal dated November 7, 2006, to suspend the liquor licence and to add a condition to the liquor licence issued to 1126430 Ontario Inc. for premises operating LITTLE TEXAS BAR & GRILL, 325 North Front Street, Belleville, Ontario, K8P 3C6, licence number 804613;
AND WHEREAS the corporate licensee was represented by legal counsel John Bonn;
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 Mr. Bonn, 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 March 10, 2006, liquor inspectors visited the licensed premise and found a patron who appeared to be under 19 years of age and was in fact 18 years of age was permitted to consume liquor in the establishment.
On August 7, 2006, a liquor inspector and a police officer visited the licensed premises and found a drunk patron in the establishment and approximately 142 people on the outdoor patio which is licensed for 82 people.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 30(4) of the Liquor Licence Act and section 43 and subsection 45(1) of Ontario Regulation 719/90 enacted pursuant to the Liquor Licence Act. The Board accepted the withdrawal of all other allegations contained in the Notice of Proposal dated May 25, 2006, and the Supplementary Notice of Proposal dated November 7, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1126430 Ontario Inc. for premises operating LITTLE TEXAS BAR & GRILL, 325 North Front Street, Belleville, Ontario, K8P 3C6, licence number 804613, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on April 9, 2007, and CONTINUE until 2:00 a.m. on April 19, 2007.
DATED AT TORONTO THIS 6^TH^ DAY OF FEBRUARY, 2007.
ALEX MCCAULEY, BOARD MEMBER GUY MAURICE, BOARD MEMBER
AM/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
1126430 ONTARIO INC. OPERATING AS LITTLE TEXAS BAR & GRILL, 325 NORTH FRONT STREET, BELLEVILLE, LICENCE NO. 804613.
AGREED STATEMENT OF FACTS
The Licensee who has been advised by counsel and Registrar’s counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence and add a condition to a licence dated May 25, 2006 and the Supplementary Notice of Proposal to Suspend a Licence dated November 7, 2006:
On March 10, 2006, liquor inspectors visited the licensed premise and found a patron who appeared to be under 19 years of age and was in fact 18 years of age was permitted to consume liquor in the establishment. On August 7, 2006, a liquor inspector and a police officer visited the licensed premises and found a drunk patron in the establishment and approximately 142 people on the outdoor patio which is licensed for 82 people.
Based on the above-mentioned facts the licensee admits to having breached s. 30(4) of the Liquor Licence Act and s. 43 and s. 45(1) of Ontario Revised Regulation 719/90 as amended.
JOINT SUBMISSIONS ON DISPOSITION
Whereas this licensee was suspended for 5 days in 2004 for permitting drunkenness.
The Licensee who has been advised by counsel and Registrar’s counsel submits that the following disposition is appropriate in the circumstances.
There shall be a ten (10) day suspension of liquor licence 804613 to be served on dates to be provided to the Manager of Hearing section of the Alcohol & Gaming Commission of Ontario, 90 Sheppard Ave. E., Suite 300, Toronto, ON, M2N 0A4, fax 416-326-5566 within seven (7) days of today’s date, failing which the Board shall set the dates of the suspension without further notice to the Licensee. The suspension cannot commence for at least twenty (20) days following notification and must be completed within ninety (90) days of today’s date.
Should the Board find the facts set out in the Agreed Statement of Facts and order the sanction set out in the Joint Submission on Disposition, the Registrar shall withdraw all remaining allegations set out in the Notice of Proposal dated May 25, 2006, and the Supplementary Notice of Proposal dated November 7, 2006.
Respectfully submitted this 24^th^ day of January 2006.
1126430 ONTARIO INC.
Per: ______________________________ _________________________________
Charles St. George Joyce A. Taylor
“I have authority to bind the Corporation” Registrar’s Counsel
John Bonn
Licensee’s Counsel