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-
1479328 Ontario Inc. O/A Pub 101
Licensee
DECISION
Panel: David C. Gavsie, Chair Kirsti Hunt, Vice-Chair
Decision Date: September 5, 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 1479328 Ontario Inc., Licensee ) Norman Boxall, Representative
A hearing into Notice of Proposal (“NOP”) number 15847 dated December 13, 2007 to suspend and add a condition to liquor licence number 25881 (the “Licence”) issued to 1479328 Ontario Inc. (the “Licensee”) operating as PUB 101, 101 York Street, Ottawa, Ontario, K1N 5T4, on the basis of alleged violations of subsections 25(1) and 45(1) and section 29 of Ontario Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA), and NOP number 15878 dated January 11, 2008 and NOP number 16084 dated March 5, 2008 to suspend the Licence on the basis of alleged violation of subsection 45(1) and section 43 of the O.Reg, was held on August 19, 2008 in the City of Ottawa.
Joyce Taylor, Registrar’s Representative, and Norman Boxall, 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 18, 2006 a liquor inspector visited the licensed premises at approximately 3:19 a.m. and found that the Licensee had served liquor after 2:00 a.m. and failed to clear the signs of service and consumption of liquor. A drunken person was also in the premises at that time. On May 14, 2007, a liquor inspector visited the licensed premises and found a drunken patron in the establishment. Following both incidents, the Licensee immediately disciplined staff members directly involved in the infractions.
On July 16, 2007 a liquor inspector visited the licensed premises and found that an illegal poker tournament was being operated at the establishment. Upon being advised that the tournament was illegal, the Licensee took steps to ensure this type of tournament would not take place again.
Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 and subsections 25(1), 45(1) (drunkenness) and 45(1) (illegal gaming) 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 liquor licence number 25881 issued to 1479328 Ontario Inc. operating as PUB 101, 101 York Street, Ottawa, Ontario, K1N 5T4, be SUSPENDED for thirteen (13) consecutive days to COMMENCE at 11:00 a.m. on November 28, 2008 and CONTINUE until 2:00 a.m. on December 11, 2008.
DATED AT TORONTO THIS 5th DAY OF SEPTEMBER, 2008.
DAVID C. GAVSIE, CHAIR KIRSTI HUNT, VICE-CHAIR
KH/sm
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
1479328 ONTARIO INC. OPERATING AS
PUB 101, 101 YORK ST., OTTAWA
LICENCE NO. 25881
NOTICE OF PROPOSAL NO. 15847, 15878, 16084
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 December 13, 2007, January 11, 2008 and March 5, 2008:
On August 18, 2006 a liquor inspector visited the licensed premises at approximately 3:19 a.m. and found that the licensee had served liquor after 2:00 a.m. and failed to clear the signs of service and consumption of liquor. A drunken person was also in the premises at that time. On May 14, 2007, a liquor inspector visited the licensed premises and found a drunken patron in the establishment. Following both incidents, the licensee immediately disciplined staff members directly involved in the infractions.
On July 16, 2007 a liquor inspector visited the licensed premises and found that an illegal poker tournament was being operated at the establishment. Upon being advised that the tournament was illegal, the licensee took steps to ensure this type of tournament would not take place again.
Based on the above-mentioned facts the licnesee admits to having breached sections 25(1), 29, 45(1) (drunkenness) and 45(1) (illegal gaming) of Ontario Revised Regulation 719/90 as enacted pursuant to the Liquor Licence Act.
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 the circumstances:
There shall be a thirteen (13) day suspension of liquor licence 25881 commencing on November 28, 2008 at 11:00 a.m. and continuing until December 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 Notices of Proposal dated December 13, 2007, January 11, 2008 and March 5, 2008.
Respectfully submitted this 19th day of August, 2008.
1479328 ONTARIO INC.
Stephen Monuk Joyce A. Taylor
“I have authority to bind the Corporation Counsel for the Registrar
Norman D. Boxall
Counsel for the Licensee