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 of Ontario
Registrar
-and-
The Deck Inc. O/A The Deck Pub & Grill
Licensee
DECISION
Panel: Dianne Axmith, Board Member
Jacqueline Castel, Board Member
Decision Date: August 21, 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 ) Phillip Morris, Representative
The Deck Inc., Licensee ) Robert Isles, Representative
A hearing into Notice of Proposal number 16070 dated March 5, 2008 to suspend liquor licence number 801597 issued to The Deck Inc. operating as THE DECK PUB & GRILL, 34 Mill Street, Orangeville, Ontario, L9W 2M3, on the basis of alleged violations of section 29 of the Liquor Licence Act (“LLA”) and sections 43 and 52 and subsections 34(1) and 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on August 18, 2008 in the City of Toronto
Phillip Morris, Registrar’s Representative, and Robert Isles, 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 July 14, 2007, patrons removed liquor to the unlicensed back parking lot. There were 3 drunken patrons in the licensed premises. There were 23 people on the outside deck licensed for 16 people.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 and subsections 34(1) and 45(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegations.
Order
Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to The Deck Inc. operating as THE DECK PUB & GRILL, 34 Mill Street, Orangeville, Ontario, L9W 2M3, be SUSPENDED for TWELVE (12) consecutive days to COMMENCE at 11:00 a.m. on August 31, 2008 and CONTINUE until 2:00 a.m. on September 12, 2008.
Further, the Board ORDERS on consent of all parties, that the following condition be attached to the licence:
“The licensee shall employ a uniformed security person at the front door every Friday and Saturday night from 9:00 p.m. until the premises is vacated.”
DATED AT TORONTO THIS 21st DAY OF AUGUST, 2008.
DIANNE AXMITH, BOARD MEMBER JACQUELINE CASTEL, BOARD MEMBER
JC/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 THE
DECK INC. OPERATING AS THE DECK PUB & GRILL, 34 MILL
ST., ORANGEVILLE
LICENCE NO. 801597
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED
MARCH 5, 2008.
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On July 14, 2007, patrons removed liquor to the unlicensed back parking lot. There were 3 drunken patrons in the licensed premises. There were 23 people on the outside deck licensed for 16 people.
Based on paragraph 1, the licensee breached s.34(1), 45(1) and 43 of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
page 2
JOINT SUBMISSION ON DISPOSITION
The licensee, after consultation with counsel, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 801597 for a period of 12 days commencing at 11:00 a.m. on August 31, 2008 and ending at 2:00 a.m. on September 12, 2008.
A condition shall be added to the licence that:
The licensee shall employ a uniformed security person at the front door every Friday and Saturday night from 9 pm until the premises is vacated.
- The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 18TH DAY OF AUGUST, 2008.
RESPECTFULLY SUBMITTED,
Timothy Callaghan Phillip Morris
for Registrar’s Counsel
licensee