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-
2076110 Ontario Ltd. O/A Strokers Sports Bar & Pool
Licensee
DECISION
Panel: Alex McCauley, Board Member
Decision Date: August 20, 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 ) Richard E. Kulis, Representative
2076110 Ontario Ltd., Licensee ) Marc Koplowitz, Representative
1. A teleconference hearing into Notice of Proposal (“NOP”) number 15967 dated January 29, 2008 and NOP number 16240 dated April 30, 2008 to suspend liquor licence number 805319 issued to 2076110 Ontario Ltd. operating as STROKERS SPORTS BAR & POOL, 14C Nelson Street West, Brampton, Ontario, L6X 1B7 on the basis of alleged violations of section 29 of the Liquor Licence Act (“LLA”) and subsections 44(1) and 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on August 19, 2008 in the City of Toronto.
2. Richard Kulis, Registrar’s Representative, and Marc Koplowitz, Licensee’s Representative, submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision, and the dates for the NOPs should be as stated above. It was agreed and admitted that:
On October 13, 2007 and on January 12, 2008 poker games organized by an unrelated third party for which a buy-in was required and a non-cash prize was available, were played in the licensed premises. The License Holder received no portion of the buy-in. These games have now been stopped. Further on October 13, 2007 a drunken patron was permitted in the licensed premises.
3. Based 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
4. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 2076110 Ontario Ltd. operating as STROKERS SPORTS BAR & POOL, 14C Nelson Street West, Brampton, Ontario, L6X 1B7, be SUSPENDED for FIFTEEN (15) consecutive days to COMMENCE at 11:00 a.m. on September 3, 2008 and CONTINUE until 2:00 a.m. on September 18, 2008.
DATED AT TORONTO THIS 20^th^ DAY OF AUGUST, 2008.
ALEX MCCAULEY, BOARD MEMBER
AM/cp
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, chapter L.19, subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE
OF 2076110 ONTARIO LTD. OPERATING AS STROKERS
SPORTS BAR & POOL, 14C NELSON STREET WEST,
BRAMPTON
LICENCE NUMBER 805319
NOTICE OF PROPOSAL NUMBERS 15967 & 16240
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel, and Registrar’s representative agree to the following:
On October 13, 2007 and on January 12, 2008 poker games organized by an unrelated third party for which a buy-in was required and a non-cash prize was available, were played in the licensed premises. The License Holder received no portion of the buy-in. These games have now been stopped. Further on October 13, 2007 a drunken patron was permitted in the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 45(1) (permit unlawful gambling and permit drunkenness) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has no prior adverse record with the Commission.
-2-
Joint Submission Regarding Disposition
The Licence Holder, having consulted with legal counsel, and Registrar’s representative submit that the following disposition is appropriate in these circumstances:
A fifteen (15) consecutive day suspension of the liquor licence to start at 11:00 am on Wednesday, September 3, 2008 until 2:00 am on Thursday, September 18, 2008.
Should the Board members find the violations are agreed to and impose the disposition as recommended Registrar’s counsel will withdraw any remaining allegations in the Notice of Proposal # 15967 of January 30, 2008 and the Notice of Proposal #16240 of May 2, 2008. Further the Registrar will not proceed with the allegation of permit drunkenness related to an inspection on May 10, 2008 (incident number 469635).
Dated in Toronto this 17^th^ day of August, 2008.
for the licence holder Richard E. Kulis, for the Registrar
of the AGCO