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-
1254013 Ontario Inc. O/A Balmer Motor Hotel
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair
Decision Date: April 18, 2008
Hearing Location: Toronto, 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 ) Richard Kulis, Representative
1254013 Ontario Inc., Licensee ) John Fregeau, Representative
1A teleconference hearing into Notice of Proposal number 15891 dated January 4, 2008 to suspend liquor licence number 11000 issued to 1254013 Ontario Inc. operating as BALMER MOTOR HOTEL, Main Street (at Lassie Road), P.O. Box 278, Balmertown, Ontario, P0V 1C0 on the basis of alleged violations of subsection 45(1) of Ontario Revised Regulation 719/90 ("O.Reg") made pursuant to the Liquor Licence Act ("LLA") was held on April 18, 2008 in the City of Toronto.
2Richard Kulis, Registrar's Representative, and John Fregeau, 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 12 and 26, 2007 drunken patrons were in the licensed premises.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O.Reg.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1254013 Ontario Inc. operating as BALMER MOTOR HOTEL, Main Street (at Lassie Road), P.O. Box 278, Balmertown, Ontario, P0V 1C0, be SUSPENDED for NINETEEN (19) consecutive days to COMMENCE at 11:00 a.m. on April 28, 2008 and CONTINUE until 2:00 a.m. on May 17, 2008.
DATED AT TORONTO THIS 18^th^ DAY OF APRIL, 2008.
PATRICIA MCQUAID, VICE-CHAIR
PM/cp
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, chapter L.19, subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF 1254013 ONTARIO INC. OPERATING AS BALMER MOTOR HOTEL, MAIN STREET (AT LASSIE ROAD), BALMERTOWN LICENCE NUMBER 11000 NOTICE OF PROPOSAL NUMBER 15891
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel, and the Registrar's representative agree to the following:
On May 12 and 26, 2007 drunken patrons were in the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has no prior adverse record with the Commission.
-2-
Joint Submission Regarding Disposition
The Licence Holder, having consulted with legal counsel, and the Registrar's representative submit that the following disposition is appropriate in these circumstances:
- A nineteen (19) day suspension of the liquor licence.
Dated in Kenora this 28^th^ day of March, 2008.
for the licence holder Richard E. Kulis, for the Registrar
John S. Fregeau, B.A., LL.