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-
Vicki Jane Colton O/A Vic’s Place
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair
Decision Date: April 22, 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 ) Joyce Taylor, Representative
Vicki Jane Colton, Licensee ) Sheri Thompson, Representative
A teleconference hearing into Notice of Proposal number 15768 dated November 14, 2007 to suspend liquor licence number 280734 issued to Vicki Jane Colton operating as VIC’S PLACE, 14 Bridge Street West, Belleville, Ontario, K8P 1H7, on the basis of alleged violations of subsection 34(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.
Joyce Taylor, Registrar’s Representative, and Sheri Thompson, 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 10, 2007, June 14, 2007 and June 23, 2007, patrons were allowed to remove liquor to an unlicensed outdoor area.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 34(1) of the O.Reg.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Vicki Jane Colton operating as VIC’S PLACE, 14 Bridge Street West, Belleville, Ontario, K8P 1H7, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on May 9, 2008 and CONTINUE until 2:00 a.m. on May 23, 2008.
DATED AT TORONTO THIS 22nd DAY OF APRIL, 2008.
PATRICIA MCQUAID, VICE-CHAIR
PM/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 VICKI JANE COLTON OPERATING AS
VIC’S PLACE, 14 BRIDGE ST. W. BELLEVILLE
LICENCE NO. 280734
NOTICE OF PROPOSAL NUMBER 15768
AGREED STATEMENT OF FACTS
The Licensee, who has been advised by counsel, agrees with Registrar’s counsel to the following facts in relation to the Notice of Proposal to Suspend a Licence dated November 14, 2007:
On May 10, 2007, June 14, 2007 and June 23, 2007, patrons were allowed to remove liquor to an unlicensed outdoor area.
Based on the aforementioned facts, the licensee admits to have breached section 34(1) of Ontario Revised Regulation 719/90, as amended, and enacted pursuant to the Liquor Licence Act.
The Licensee submitted an application to licence this area in July 2007.
JOINT SUBMISSION ON DISPOSITION
Whereas the Licensee previously served a fourteen (14) day suspension in May 2007 for breaching s. 29, 34(1) and 45(1) of O. Reg. 719/90;
The Licensee, who has been advised by counsel, and Registrar’s counsel jointly submit that the following disposition is appropriate in the circumstances:
A fourteen (14) day suspension of liquor licence 280734, commencing on May 9, 2008 at 11:00 a.m. and continuing until May 23, 2008 at 2:00 a.m.
Should the Board accept the Agreed Statement of Facts and order the Joint Submission on Disposition as set out herein, the Registrar shall withdraw any remaining allegations set out in the Notice of Proposal 15768.
Respectfully submitted this 18th day of April, 2008.
Vicki Jane Colton Joyce A. Taylor
Licensee Counsel for the Registrar
____________________________
Sheri Thompson
Counsel for the Licensee