LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: MENARD’S SEAFOOD TAVERN
494 Riverdale Avenue
Windsor, Ontario
N8S 4B6
Licensee: 1508875 Ontario Ltd.
Licence Number: 90030
Notice of Proposal: To SUSPEND a Licence
Dated July 26, 2006
The Proposal alleges that:
(a) 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.
Hearing: Alcohol and Gaming Commission of Ontario
Holiday Inn Select
1855 Huron Church St.
Windsor, Ontario
February 6, 2007
Presiding
Board Member: Kirsti Hunt, Vice Chair
Counsel for the
Registrar: Brad Alton
Attendance: Brenda Lee Mailloux, for the corporate licensee
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 February 6, 2007, pursuant to a Notice of Proposal dated July 26, 2006, to suspend the liquor licence issued to 1508875 Ontario Ltd., for premises operating as MENARD’S SEAFOOD TAVERN, 494 Riverdale Avenue, Windsor, Ontario, N8S 4B6, licence number 90030;
AND WHEREAS Brenda Mailloux, a representative of the corporate licensee appeared on its 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 Brenda Mailloux, 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 May 20, 2006, found a drunken patron in the licensed premises.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45(1) of Ontario Regulation 719/90 under 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 1508875 Ontario Ltd., for premises operating as MENARD’S SEAFOOD TAVERN, 494 Riverdale Avenue, Windsor, Ontario, N8S 4B6, licence number 90030, be SUSPENDED for THREE (3) consecutive days to COMMENCE at 11:00 a.m. on March 31, 2007, and CONTINUE until 2:00 a.m. on April 3, 2007.
DATED AT TORONTO THIS DAY OF 2007.
KIRSTI HUNT, VICE CHAIR
KH/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
1508875 ONTARIO LTD.,
OPERATING AS MENARD’S SEAFOOD TAVERN,
494 RIVERDALE AVENUE, WINDSOR,
LICENCE NUMBER 90030
NOTICE OF PROPOSAL NUMBER 14327
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 has declined that right and Registrar’s Counsel agree to the following with respect to the Notice of Proposal to Suspend a Licence dated July 26, 2006:
An inspection on May 20, 2006, found a drunken patron in the licensed premises.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of ss. 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
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
1508875 ONTARIO LTD.,
OPERATING AS MENARD’S SEAFOOD TAVERN,
494 RIVERDALE AVENUE, WINDSOR,
LICENCE NUMBER 90030
NOTICE OF PROPOSAL NUMBER 14327
JOINT SUBMISSIONS REGARDING
DISPOSITION
The Licence Holder and Registrar’s Counsel agree that the following disposition is appropriate in these circumstances:
- There shall be a THREE (3) day suspension of liquor licence #90030 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 today’s date, failing which dates shall be imposed by the Board without further consultation with the Licensee. The Licensee is aware that the proposed suspension cannot start within 20 days of today’s date. The Licensee is aware that the proposed suspension must include the day of the week that the offence occurred which in the case before the Board was a Saturday and cannot include statutory holidays.
Dated at Windsor this 6th day of February 2007.
Brenda Lee Mailloux Brad Alton, Counsel for the
Licence Holder Registrar of the AGCO
“I have authority to bind the licensee”