ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The :
Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission Ontario
Registrar
-and-
Trentwinds International Centre & Motor Hotel Inc. O/A Trentwinds International Centre & Motor Hotel
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair Bruce Monteith, Board Member
Decision Date: February 22, 2008
Hearing Location: Peterborough, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone: (416) 326-0366 Toll Free In Ontario: 1-800-522-2876 Fax: (416) 326-5566 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Phillip Morris, Representative
Trentwinds International Centre & Motor Hotel Inc., ) Licensee ) Randall Barrs, Representative
1. A hearing into Notice of Proposal number 15465 dated July 23, 2007 to suspend liquor licence number 11034 issued to Trentwinds International Centre & Motor Hotel Inc. operating as TRENTWINDS INTERNATIONAL CENTRE & MOTOR HOTEL, 264 Lansdowne Street, Peterborough, Ontario, K9L 2A3, on the basis of alleged violations of section 29 of the Liquor Licence Act (“LLA”) and subsection 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on February 19, 2008 in the City of Peterborough.
2. The hearing commenced with evidence from one witness, at the conclusion of which, Phillip Morris, Registrar’s Representative, and Randall Barrs, Licensee’s Representative, submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision. It was agreed and admitted that:
On May 4, 2007, 2 patrons were served liquor in the licensed premises. These patrons became involved in a fight in the licensed premises. They were ejected from the premises. They severely beat a third patron in the parking lot.
3. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) (violent and disorderly conduct) of the O.Reg. The Board accepted the withdrawal of the remaining allegation.
Order
4. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Trentwinds International Centre & Motor Hotel Inc. operating as TRENTWINDS INTERNATIONAL CENTRE & MOTOR HOTEL, 264 Lansdowne Street, Peterborough, Ontario, K9L 2A3, be SUSPENDED for EIGHTEEN (18) consecutive days to COMMENCE at 11:00 a.m. on March 2, 2008 and CONTINUE until 2:00 a.m. on March 20, 2008.
DATED AT TORONTO THIS 22^nd^ DAY OF FEBRUARY, 2008.
PATRICIA MCQUAID, VICE CHAIR BRUCE MONTEITH, BOARD MEMBER
PM/cp
Attached
TRENTWINDS
Licence No. 11034
Notice of Proposal 15465
Agreed Statement of Facts
The licensee, after consultation with counsel, and the Registrar, agree to the following:
On May 4, 2007, 2 patrons were served liquor in the licensed premises. These patrons became involved in a fight in the licensed premises. They were ejected from the premises. They severely beat a third patron in the parking lot.
On the basis of paragraph 1, the licensee breached s. 45(1) of Ont. Reg. 719/90 by permitting violent and disorderly conduct.
The licensee was previously suspended for 3 days in 1995 for breach of s. 29 of the Liquor Licence Act.
The licensee has cooperated with the Commission and shown remorse.
Joint Submission on Disposition
The licensee, after consultation with counsel, and the Registrar, submit that the following disposition is appropriate as a matter of specific and general deterrence:
The Board shall suspend licence no. 11034 for a period of 18 days.
The Board having accepted the Joint Submission, the Registrar withdraws all the allegations in the Notice of Proposal.
Dated at Peterborough this 19^th^ day of February, 2008.
Tom Malakos Phillip Morris
for the licensee Counsel for the Registrar