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-
1057488 Ontario Inc. O/A Tumbleweeds Family Restaurant
Licensee
DECISION
Panel: David C. Gavsie, Chair of AGCO S. Grace Kerr, Chair of Panel
Decision Date: April 9, 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 ) Daniel Alakas, Representative 1057488 Ontario Inc., Licensee ) Mansour (Tom) Massoudi
1. A hearing into Notice of Proposal number 15824 dated November 29, 2007 to suspend liquor license number 801386 issued to 1057488 Ontario Inc. operating as TUMBLEWEEDS FAMILY RESTAURANT, 107 Main Street West, Shelburne, Ontario, L0N 1S0, on the basis of alleged violations of section 29 and subsection 30(4) of the Liquor Licence Act ("LLA") and subsections 34(1), 41(1) and 45(1) of Ontario Revised Regulation 719/90 ("O.Reg") made pursuant to the LLA, was held on March 25, 2008 in the City of Toronto.
2. Mansour (Tom) Massoudi is the sole officer, director and shareholder of the Licensee. He appeared on his own behalf and waived the right to legal representation.
3. Daniel Alakas, Registrar's Representative, and the Licensee 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 February 9, 2007, a female patron was intoxicated in the licensed premises and had been served alcohol while intoxicated. On that date also, a minor patron, 18 years of age, was admitted to the licensed premises without having been checked for identification. The minor patron consumed liquor in the licensed premises.
On February 17, 2007, two intoxicated males were served alcohol on the licensed premises. These two patrons then removed liquor outside the licensed premises.
4. Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 and subsection 30(4) of the LLA and subsections 34(1), 41(1) and 45(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegations.
Order
5. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1057488 Ontario Inc. operating as TUMBLEWEEDS FAMILY RESTAURANT, 107 Main Street West, Shelburne, Ontario, L0N 1S0, be SUSPENDED for TWENTY-ONE (21) consecutive days, nine (9) of those days shall be considered to have been served between the dates of 11:00 a.m. on March 6, 2008 until 2:00 a.m. on March 15, 2008. The remaining twelve (12) days are to COMMENCE at 11:00 a.m. on May 17, 2008 and CONTINUE until 2:00 a.m. on May 29, 2008.
DATED AT TORONTO THIS 9th DAY OF APRIL, 2008.
DAVID C. GAVSIE, CHAIR OF AGCO S. GRACE KERR, CHAIR OF PANEL
DCG/cp
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT R.S.O. 1990, C. L.19, S. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF 1057488 ONTARIO INC. OPERATING AS TUMBLEWEEDS FAMILY RESTAURANT, 107 MAIN ST W, SHELBURNE LICENCE NO. 0801386
AND IN THE MATTER OF A NOTICE OF PROPOSAL NO. 15824 ISSUED NOVEMBER 29, 2007.
AGREED STATEMENT OF FACTS
The licensee, after having being advised of the right to counsel and having waived that right, and the Registrar agree to the following facts:
On February 9, 2007, a female patron was intoxicated in the licensed premises and had been served alcohol while intoxicated. On that date also, a minor patron, 18 years of age, was admitted to the licensed premises without having been checked for identification. The minor patron consumed liquor while in the licensed premises.
Based on the above mentioned facts, the licensee admits to having breached Section 45(1) of Ontario Regulation 719/90 by permitting drunkenness to occur in the licensed premises.
Based on the above mentioned facts, the licensee admits to having breached Section 29 of the Liquor Licence Act by permitting liquor to be sold or supplied to a person who was or appeared to be intoxicated.
Based on the above mentioned facts, the licensee admits to having breached Section 41(1) of Ontario Regulation 719/90 by failing to inspect a piece of identification of a person apparently under the age of nineteen years prior to selling or serving liquor to that person.
Based on the above mentioned facts, the licensee admits to having breached Section 30(4) of the Liquor Licence Act by permitting a person who appeared to be under the age of nineteen to consume liquor in the licensed premises.
On February 17, 2007, two intoxicated males were served alcohol on the licensed premises. These two patrons then removed liquor outside the licensed premises.
Based on the above mentioned facts, the licensee admits to having breached Section 29 of the Liquor Licence Act by permitting liquor to be sold or supplied to a person who was or appeared to be intoxicated.
Based on the above mentioned facts, the licensee admits to having breached Section 34(1) of Ontario Regulation 719/90 by permitting a patron to remove liquor from the licensed premises.
The licensee has no prior record of suspensions imposed by the Board.
The premises was closed for approximately five months due to fire damage. The premises re-opened for business on March 15, 2008.
JOINT SUBMISSION ON DISPOSITION
The licensee, after having been advised of the right to counsel and having waived that right, and the Registrar's Representative jointly submit that the following disposition is appropriate in the circumstances:
There shall be a twenty-one (21) day suspension of liquor licence number 0801386.
Nine (9) days of the twenty-one (21) day suspension of liquor licence number 0801386 shall be considered to have been served between the dates of 11:00 am on March 6, 2008 until 2:00 am on March 15, 2008.
The remaining twelve (12) days of the suspension of liquor licence number 0801386 shall be served on dates to be provided, in writing, to the Manager of the Hearing Section of the Alcohol and Gaming Commission of Ontario, 90 Sheppard Ave. E., Suite 200, Toronto, ON, M2N 1A4, fax: (416) 326-5566, within the next seven (7) days. Should the licensee fail to provide suspension dates to the Board, the Board shall set the dates for the suspensions without further consultation with the licensee. The suspension cannot commence for at least twenty (20) days following notification and must be completed within ninety (90) days of today's date.
DATED AT TORONTO, THIS 25TH DAY OF MARCH 2008
RESPECTFULLY SUBMITTED,
Mansour Massoudi Daniel Alakas
Licence Holder Registrar's Representative