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-
T. Anas Holdings Limited and Rozakos Holdings Inc., O/A
P.J. Restaurant Partnership
Licensee
DECISION
Panel: David C. Gavsie, Chair, AGCO
Decision Date: September 10, 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
T. Anas Holdings Limited )
and Rozakos Holdings Inc., Licensee ) John Cardill, Representative
A hearing into Notice of Proposal number 16176 dated April 10, 2008, to suspend liquor licence number 20507 issued to T. Anas Holdings Limited and Rozakos Holdings Inc., operating as P.J. RESTAURANT PARTNERSHIP, 394 Madawaska Boulevard, Arnprior, Ontario, K7S 3H6, on the basis of alleged violations of subsections 25(1), 44(1) and 45(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act, was held on August 29, 2008 in the City of Ottawa.
Joyce 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 August 24, 2007 a liquor inspector visited the licensed premises at approximately 2:11 a.m. and found that the licensee had still been serving liquor after 2:00 a.m. and a drunken patron was also in the premises at that time.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 25(1) and 45(1) of the O. Reg. The Board accepted the withdrawal of the remaining allegation.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to T. Anas Holdings Limited and Rozakos Holdings Inc., operating as P.J. RESTAURANT PARTNERSHIP, 394 Madawaska Boulevard, Arnprior, Ontario, K7S 3H6, be SUSPENDED for EIGHT (8) consecutive days to COMMENCE at 11:00 a.m. on November 3, 2008, and CONTINUE until 2:00 a.m. on November 11, 2008.
DATED AT TORONTO THIS 10th DAY OF September , 2008.
DAVID C. GAVSIE, CHAIR, AGCO
DCG/ee
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
ANAS HOLDING LIMITED OPERATING AS
P.J.’S RESTAURANT PARTNERSHIP, 349 MADAWASKA BLVD.
ARNPRIOR, LICENCE NO. 20507
NOTICE OF PROPOSAL NO.: 16176
The Licensee who has been advised by counsel and Registrar’s counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated April 10, 2008:
On August 24, 2007 a liquor inspector visited the licensed premises at approximately 2:11 a.m. and found that the licensee has still been serving liquor after 2:00 a.m. and a drunken patron was also in the premises at that time.
Based on the above-mentioned facts the licensee admits to having breached sections 25(1) and 45(1) of Ontario Revised Regulation 719/90 as enacted pursuant to the Liquor Licence Act.
This was an unusual occurrence as the establishment normally closes at approximately 10:00 p.m. There have been no problems at the establishment since this inspection, the licensee has been very cooperative with the Registrar and has undertaken to take all necessary measures to ensure that such an incident will not take place again in the future.
JOINT SUBMISSION ON
DISPOSITION
The Licensee who has been advised by counsel and Registrar’s counsel jointly submit that the following disposition is appropriate in these circumstances:
There shall be an eight (8) day suspension of liquor licence 20507 commencing on November 3, 2008 at 11:00 a.m. and continuing until November 11, 2008 at 2:00 a.m.
Should the Board make the findings set out in the Agreed Statement of Facts and order the disciplinary action as set out above, counsel for the Registrar shall withdraw all remaining allegations as set out in the Notice of Proposal dated April 10, 2008.
Respectfully submitted this 29th day of August, 2008.
John J. Cardill Joyce A. Taylor
Counsel for the Licensee Counsel for the Registrar