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-
1649134 Ontario Inc. O/A Suede
Licensee
DECISION
Panel: Kirsti Hunt, Vice-Chair Alex McCauley, Board Member
Decision Date: April 24, 2008
Hearing Location: Ottawa, 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 ) Joyce Taylor, Representative 1649134 Ontario Inc., Licensee ) John Cardill, Representative
1A hearing into Notice of Proposal number 16147 dated March 31, 2008 to revoke a liquor licence and an Order dated March 31, 2008 to immediately suspend liquor licence number 810959 issued to 1649134 Ontario Inc. operating as SUEDE, 790 Kanata Avenue, Unit M2B, Ottawa, Ontario, K2T 1H8, on the basis of alleged violations of subsection 6(2)(d), 29, 45(1) and 45(2) of the Liquor Licence Act (“LLA”) and subsection 45(1) of Ontario Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on April 10 and 21, 2008 in the City of Ottawa.
2The Board’s order dated April 11, 2008 continued the immediate suspension ordered by the Registrar on March 31, 2008.
3On consent of the parties, a Notice of Proposal number 16180 to Refuse to Transfer Liquor Licence dated April 4, 2008 was included in the matters before the Board.
4Joyce Taylor, Registrar’s Representative, and John Cardill, 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 March 29, 2008 the transfer applicant for this liquor licence obstructed a liquor licence inspection of the licensed premises by yelling and acting physically aggressive towards the inspectors. As a result, the inspectors left the premises but were followed out by the transfer applicant who kicked at an inspector, pushed the inspector from behind, grabbed him by the arm and motioned to punch the inspector. Police officers intervened.
On March 28, 2008 drunken patrons in the licensed premises were served liquor by staff under the supervision of the transfer applicant.
5Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 and subsection 45(1) of the LLA and subsection 45(1) of the O.Reg.
6The Board accepted the withdrawal of the remaining allegations in the Notice of Proposal of March 31, 2008 as well as Notice of Proposal number 16180 dated April 4, 2008.
7As agreed by the parties, a suspension would be noted on the licence holder’s file and would run from March 31, 2008 until the Board approved the Agreed Statement of Facts and Joint Submission Regarding Disposition on April 21, 2008 at 10:00 a.m.
Order
8Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 810959 issued to 1649134 Ontario Inc. operating as SUEDE, 790 Kanata Avenue, Unit M2B, Ottawa, Ontario, K2T 1H8, is not subject to any additional period of suspension in respect of Notice of Proposal number 16147 and that the TWENTY-TWO (22) day suspension (March 31, 2008 until April 21, 2008 at 10:00 a.m.), comprising the period that the Suspension Order dated March 31, 2008 and the Order of the Board dated April 11, 2008 were in effect, and constitutes the penalty for the breaches of the LLA as found by the Board in its oral decision dated April 21, 2008.
9Further, the Board ORDERS that a TWENTY-TWO (22) day suspension, March 31, 2008 to April 21, 2008, at 10:00 a.m., be noted on the licence holder’s file.
10Further, the Board ORDERS that the following condition be attached to the liquor licence:
Jason Curry shall not be an officer, director or shareholder of the licensee corporation nor the licence holder individually or as a partner, nor shall Jason Curry be a manager or employee of the licensed business nor involved in any manner with the operations of the licensed business and Jason Curry shall be prohibited from attending in the licensed premises.
DATED AT TORONTO THIS 24th DAY OF APRIL, 2008.
ALEX MCCAULEY, BOARD MEMBER KIRSTI HUNT, VICE-CHAIR
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 1649134 ONTARIO INC. OPERATING AS SUEDE, 790 KANATA AVENUE, UNTI M2B, OTTAWA LICENCE NUMBER 810959 NOTICE OF PROPOSAL NUMBER 16147
AND IN THE MATTER OF AN APPLICATION TO TRANSFER LIQUOR LICENCE NUMBER 810959 OF 1649134 ONTARIO INC. OPERATING AS SUEDE, 790 KANATA AVENUE, UNIT M2B, OTTAWA BY 2152981 ONTARIO INC. NOTICE OF PROPOSAL NUMBER 16180
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel, and Registrar’s representative agree to the following facts for the purposes only for resolving the Notices of Proposal herein and for no other purpose:
On March 29, 2008 the transfer applicant for this liquor licence obstructed a liquor licence inspection of the licensed premises by yelling and acting physically aggressive towards the inspectors. As a result, the inspectors left the premises but were followed out by the transfer applicant who kicked at an inspector, pushed the inspector from behind, grabbed him by the arm and motioned to punch the inspector. Police officers intervened.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 45(1) under the Liquor Licence Act.
On March 28, 2008 drunken patrons in the licensed premises were served liquor by staff under the supervision of the transfer applicant.
Based on the facts in paragraph 3, the licence holder admits to violations of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act and section 29 of the Liquor Licence Act.
As a result of the incident on March 29, 2008 the Registrar of Alcohol and Gaming suspended the liquor licence on an interim basis pursuant to subsection 15(6) of the Liquor Licence Act. The liquor licence has been under this suspension since March 31, 2008.
The licence holder has no prior adverse record with the Commission. Further the licence holder has terminated the transfer agreement.
-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 condition be imposed on the liquor licence as follows:
“Jason Curry shall not be an officer, director or shareholder of the licensee corporation nor the licence holder individually or as a partner, nor shall Jason Curry be a manager or employee of the licensed business nor involved in any manner with the operations of the licensed business and Jason Curry shall be prohibited from attending in the licensed premises.”
A suspension of the liquor licence shall be noted on the licence holder’s file and shall run from March 31, 2008 until such time as this Agreed Statement of Facts and Joint Submission Regarding Disposition be approved by a member of the Board of the Alcohol and Gaming Commission.
Should the Board members make a finding as agreed to herein and impose the disciplinary action proposed then Registrar’s counsel will withdraw the remaining allegations in the Notice of Proposal of March 31, 2008 as well the Notice of Proposal number 16180.
Dated in Ottawa this 21st day of April, 2008.
John Cardill Joyce A. Taylor, for the Registrar for the Licensee of the AGCO