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-
Trasheteria (Peterborough) Inc. O/A Trasheteria
Licensee
DECISION
Panel: Joan Lougheed, Board Member Alex McCauley, Board Member
Decision Date: August 27, 2008
Hearing Location: Peterborough, 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 Trasheteria (Peterborough) Inc., Licensee ) Shawn Stephenson
A hearing into Notice of Proposal number 16117 dated March 18, 2008 to suspend liquor license number 40087 issued to Trasheteria (Peterborough) Inc. operating as TRASHETERIA, 123 Simcoe Street, Peterborough, Ontario, K9H 2H3, on the basis of an alleged violation of section 43 of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”) was held on August 21, 2008 in the City of Peterborough.
Shawn Stephenson is a shareholder, officer and director of the Licensee. He appeared on behalf of the Corporation and waived the right to legal representation.
Phillip Morris, Registrar’s Representative, and the Licensee sought to have Notice of Proposal number 16117 amended to include an allegation of a violation of subsection 30(4) of the LLA on April 16, 2008 as set out in a Letter of Incidence dated July 3, 2008. The Board granted the request of the parties.
Mr. Morris and the Licensee 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 September 29, 2007, there were 166 people on a main floor patio licensed for 120 people. On April 16, 2008, an 18 year old was consuming a friend’s drink in the licensed premises.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30(4) of the LLA and section 43 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 Trasheteria (Peterborough) Inc. operating as TRASHETERIA, 123 Simcoe Street, Peterborough, Ontario, K9H 2H3, be SUSPENDED for TWENTY-ONE (21) consecutive days to COMMENCE at 11:00 a.m. on November 1, 2008, and CONTINUE until 2:00 a.m. on November 22, 2008.
DATED AT TORONTO THIS 27^th^ DAY OF AUGUST, 2008.
JOAN LOUGHEED, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER
AM/cp
Attached.
IN THE MATTER OF TRASHETERIA
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED MARCH 18, 2008 AS AMENDED
AND IN THE MATTER OF LIQUOR LICENCE NO. 40087
AGREED STATEMENT OF FACTS
The licensee, having been advised of the right to counsel and waived that right, and the Registrar agree as follows:
On Sept. 29, 2007, there were 166 people on a main floor patio licensed for 120 people. On April 16, 2008, an 18 year old was consuming a friend’s drink in the licensed premises.
Based on paragraph 1, the licensee breached s.43 on Ont. Reg. 719/90 and s. 30(4) of the Liquor Licence Act respectively.
The licensee has shown remorse and cooperated with the Commission.
The licensee was previously suspended for 7 days in 2004 and 21 days in 2006 for unrelated breaches of the regulations.
JOINT SUBMISSIONS ON DISPOSITION
The licensee, having been advised of the right to counsel and having waived that right, and the Registrar submit that the following disposition is appropriate as a matter of specific and general deterrence:
The Board shall suspend licence no. 40087 for a period of 21 days, commencing at 11 am on Nov. 1, 2008, and ending at 2 am on Nov. 22, 2008.
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 and letter of incidence of July 3, 2008.
Dated at Peterborough this 21^st^ day of August, 2008.
Shawn Stephenson Phillip Morris
for the licensee Registrar’s Counsel