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-
1670675 Ontario Inc. O/A Fathead’s Bar & Grill
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair
Decision Date: May 13, 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
1670675 Ontario Inc., Licensee ) Jerry Levitan, Representative
[1]. A teleconference hearing into Notice of Proposal number 16015 dated February 19, 2008 to suspend liquor licence number 92400 issued to 1670675 Ontario Inc. operating as FATHEAD’S BAR & GRILL, 62 Front Street, Sioux Lookout, Ontario, P8T 1A5, on the basis of alleged violations of subsections 34(1) and 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant of the Liquor Licence Act (“LLA”), was held on May 12, 2008 in the City of Toronto.
[2]. Richard Kulis, Registrar’s Representative, and Jerry Levitan, 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:
Drunken patrons were permitted in the licensed premises on June 23, August 9, 25 and September 2, all in 2007.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O.Reg on each of the aforementioned dates. The Board accepted the withdrawal of the remaining allegations.
Order
[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1670675 Ontario Inc. operating as FATHEAD’S BAR & GRILL, 62 Front Street, Sioux Lookout, Ontario, P8T 1A5, be SUSPENDED for FIFTEEN (15) consecutive days to COMMENCE at 11:00 a.m. on August 14, 2008, and CONTINUE until 2:00 a.m. on August 29, 2008.
DATED AT TORONTO THIS 13^th^ DAY OF MAY, 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 1670675 ONTARIO INC. OPERATING AS
FATHEAD’S BAR & GRILL, 62 FRONT STREET,
SIOUX LOOKOUT
LICENCE NUMBER 0092400
NOTICE OF PROPOSAL NUMBER 16015
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel, and Registrar’s representative agree to the following:
Drunken patrons were permitted in the licensed premises on June 23, August 9, 25 and September 2, all in 2007.
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 Registrar’s representative submit that the following disposition is appropriate in these circumstances:
A fifteen (15) day suspension of the liquor licence to start at 11:00 am on Thursday August 14, 2008 until 2:00 am on Friday, August 29, 2008.
Should the Board members make the findings as agreed to and imposed the disciplinary action as recommended then Registrar’s counsel with withdraw the remaining allegations in the Notice of Proposal of February 19, 2008.
Dated in Toronto this 7^th^ day of May, 2008.
for the licence holder Richard E. Kulis, for the Registrar
Jerry Levitan of the AGCO
Lawyer for Licensee
who has authority