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 Ontario
Registrar
-and-
1684811 Ontario Limited O/A Cowboys Ranch
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair
Decision Date: January 31, 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 ) Bryna Kaplan , Representative
1684811 Ontario Limited, Licensee ) Michael Lerner, Representative
A teleconference hearing into Notice of Proposal number 15647 dated September 25, 2007 to suspend liquor licence number 200818 issued to 1684811 Ontario Limited operating as COWBOYS RANCH, 60 Wharncliffe Road North, London, Ontario, N6H 2A3, on the basis of alleged violations of section 29 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 January 30, 2008 in the City of Toronto.
Bryna Kaplan, Registrar’s Representative, and Michael Lerner, Licensee’s Representative, submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2), the agreement having been completed and executed by Brad Alton on behalf of the Registrar, which form part of this decision. It was agreed and admitted that:
On December 16, 2006, drunken patrons were in the licensed premises and were served liquor despite their intoxicated condition.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 of the LLA and subsection 45(1) of the O.Reg.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1684811 Ontario Limited operating as COWBOYS RANCH, 60 Wharncliffe Road North, London, Ontario, N6H 2A3, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on February 21, 2008, and CONTINUE until 2:00 a.m. on March 2, 2008.
DATED AT TORONTO THIS 31st DAY OF JANUARY, 2008.
PATRICIA MCQUAID, VICE-CHAIR
PM/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 1684811 ONTARIO LIMITED,
OPERATING AS COWBOYS RANCH
60 WHARNCLIFFE ROAD NORTH, LONDON
LICENCE NUMBER 0200818
NOTICE OF PROPOSAL NUMBER 15647
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel and Registrar’s counsel, agree to the following with respect to the Notice of Proposal to Suspend a Licence dated September 25, 2007:
On December 16, 2006, drunken patrons were in the licensed premises and were served liquor despite their intoxicated condition.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act and also of section 29 of the Liquor Licence Act.
-1-
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 1684811 ONTARIO LIMITED,
OPERATING AS COWBOYS RANCH
60 WHARNCLIFFE ROAD NORTH, LONDON
LICENCE NUMBER 0200818
NOTICE OF PROPOSAL NUMBER 15647
Joint Submission Regarding Disposition
The Licence Holder, having consulted legal counsel, and Registrar’s counsel submit that the following disposition is appropriate in these circumstances:
- There shall be a TEN (10) day suspension of liquor licence number 200818 to be served consecutively commencing of February 21, 2008, at 11:00 a.m., and ending on March 02, 2008 at 2:00 a.m. The Licence Holder is aware and agrees that the suspension must commence on a Thursday and be served in full by March 19, 2008.
Dated this 24th day of January, 2008.
Mike Lerner Brad Alton, Counsel for the
Counsel for the Licence Holder Registrar of the AGCO
Christian Aldo Dibattista
Licence Holder
“I have authority to bind the corporate licensee”
-2-