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-
The Big Bop Corporation O/A The Big Bop Licensee
DECISION
Panel: David C. Gavsie, Chair, AGCO Alex McCauley, Board Member
Decision Date: May 6, 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 The Big Bop Corporation, Licensee ) Noel Gerry, Representative
1A hearing into Notice of Proposal number 16236 dated April 30, 2008, and a Supplementary Notice of Proposal number 16243 dated May 1, 2008 to revoke a liquor licence, and an Order dated April 30, 2008 to immediately suspend liquor licence number 90125 issued to The Big Bop Corporation operating as THE BIG BOP, 651 Queen Street West, Toronto, Ontario, M5V 2B7 on the basis of alleged violations of section 6 and subsections 45(1) and 45(2) of the Liquor Licence Act ("LLA") and sections 29 and 45.2 and subsection 45(1) of Ontario Revised Regulation 719/90 ("O.Reg") made pursuant to the LLA, was held on May 6, 2008 in the City of Toronto.
2Richard Kulis, Registrar's Representative, and Noel Gerry, 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 April 27, 2008 at 3:30 a.m. liquor licence inspectors attended at the licensed premises. In the licensed premises, the inspectors found numerous beer style plastic cups, many with beer still in the cups, which were still not cleared from the licensed premises. During the course of the inspection, a patron grabbed a liquor licence inspector and began pushing the inspector towards the exit doors. Staff, at the insistence of another inspector, eventually removed the patron from the licensed premises.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 and subsection 45(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegations.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to The Big Bop Corporation operating as THE BIG BOP, 651 Queen Street West, Toronto, Ontario, M5V 2B7, having been suspended since May 1, 2008 until May 6, 2008 under an interim order, be SUSPENDED for an additional TWENTY-ONE (21) consecutive days to COMMENCE at 11:00 a.m. on May 6, 2008, and CONTINUE until 2:00 a.m. on May 27, 2008.
DATED AT TORONTO THIS 6th DAY OF MAY, 2008.
ALEX MCCAULEY, BOARD MEMBER DAVID C. GAVSIE, CHAIR, AGCO
AM/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 THE BIG BOP CORPORATION OPERATING AS THE BIG BOP, 651 QUEEN STREET WEST, TORONTO LICENCE NUMBER 90125
NOTICE OF PROPOSAL NUMBERS 16236 AND 16243
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel, and Registrar's representative agree to the following:
On April 27, 2008 at 3:30 a.m. liquor licence inspectors attended at the licensed premises. In the licensed premises the inspectors found numerous beer style plastic cups, many with beer still in the cups, which were still not cleared from the licensed premises. During the course of the inspection a patron grabbed a liquor licence inspector and began pushing the inspector towards the exit doors. Staff, at the insistence of another inspector, eventually removed the patron from the licensed premises.
Based on the facts in paragraph 1 the licence holder admits to violations of 29 (fail to clear) and subsection 45(1) (permit disorderly conduct) both of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has a prior eight (8) day suspension of the liquor licence served in January 2008.
-2-
Joint Submission Regarding Disposition
The Licence Holder, having consulted with legal counsel, and Registrar's representative submit that the following disposition is appropriate in these circumstances:
In addition to the time served since May 1, 2008 under the interim suspension, an additional twenty-one (21) day suspension of the liquor licence should be imposed to start at 11:00 am on Tuesday, May 6, 2008 until 2:00 am on Tuesday, May 27, 2008.
Should the Board members making findings as agreed to and impose the disciplinary action as jointly submitted, the Registrar's counsel will withdraw the remaining allegations in the Notice of Proposal of April 30, 2008 as well as the Supplementary Notice of Proposal of May 1, 2008.
Dated in Toronto this 6th day of May, 2008.
For the licence holder Richard E. Kulis, for the Registrar Noel Gerry of the AGCO