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-
PM Eglinton Inc. O/A Philthy McNasty’s Restaurant
Licensee
DECISION
Panel: Allan Higdon, Board Member S. Grace Kerr, Board Member
Decision Date: August 18, 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 PM Eglinton Inc., Licensee ) Jeffrey Lieberman, Representative
1A hearing into Notice of Proposal number 16069 dated March 5, 2008 to suspend liquor licence number 22806 issued to PM Eglinton Inc. operating as PHILTHY MCNASTY’S RESTAURANT, 130 Eglinton Avenue East, Toronto, Ontario, M4P 2X9, on the basis of alleged violations of subsections 45.1 and 45.2 of the Liquor Licence Act (“LLA”) and subsection 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on July 31, 2008 in the City of Toronto.
2Phillip Morris, Registrar’s Representative, and Jeffrey Lieberman, 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 15, 2007, a drunken patron assaulted an off-duty staff member. Security intervened, with the result that the fight spilled onto the street.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegations.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to PM Eglinton Inc. operating as PHILTHY MCNASTY’S RESTAURANT, 130 Eglinton Avenue East, Toronto, Ontario, M4P 2X9, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on August 24, 2008 and CONTINUE until 2:00 a.m. on September 3, 2008.
DATED AT TORONTO THIS 18th DAY OF AUGUST, 2008.
ALLAN HIGDON, BOARD MEMBER S. GRACE KERR, BOARD MEMBER
AH/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 PM EGLINTON INC. OPERATING AS PHILTHY MCNASTY’S RESTAURANT, 130 EGLINTON AVENUE EAST, TORONTO LICENCE NO. 22806
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 15, 2007, a drunken patron assaulted an off-duty staff member. Security intervened, with the result that the fight spilled out onto the street.
Based on paragraph 1, the licensee breached s. 45(1) 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 at this location.
page 2
JOINT SUBMISSIONS 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. 22806 for a period of 10 days.
The Board having accepted the Agreed Statement of Facts and Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 31ST DAY OF JULY, 2008.
RESPECTFULLY SUBMITTED,
Theodoros (Terry) Tsianos Phillip Morris for Registrar’s Counsel licensee