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-
1160595 Ontario Limited O/A Joe Buttinsky’s Bar & Grill
Licensee
DECISION
Panel: David C. Gavsie, Chair Patricia McQuaid, Vice-Chair
Decision Date: January 28, 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 Kulis, Representative 1160595 Ontario Limited, Licensee ) Ivan Marini, Representative
1A hearing into Notice of Proposal number 15596 dated August 16, 2007 to suspend liquor licence number 23216 issued to 1160595 Ontario Limited operating as JOE BUTTINSKY’S BAR & GRILL, 103 King Street East, Hamilton, Ontario, L8N 1A9 on the basis of alleged violations of subsections 45(1) and 45(2), and sections 45.1 and 45.2 of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”), was held on January 24, 2008 in the City of Hamilton.
2Richard Kulis, Registrar’s Representative, and Ivan Marini, 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 May 10, 2007 a person rolled a marijuana cigarette in the licensed premises. A bartender in the licensed premises sold cocaine to an undercover police officer on June 20, 2007 & July 12, 2007. The bartender has since been fired. A fight occurred in the licensed premises on May 30, 2007.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 45(1) and 45(2) of O.Reg. The Board accepted the withdrawal of the remaining allegations.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1160595 Ontario Limited operating as JOE BUTTINSKY’S BAR & GRILL, 103 King Street East, Hamilton, Ontario, L8N 1A9, be SUSPENDED for twenty-one (21) consecutive days to COMMENCE at 11:00 a.m. on February 14, 2008, and CONTINUE until 2:00 a.m. on March 6, 2008.
DATED AT TORONTO THIS 28^TH^ DAY OF JANUARY, 2008.
PATRICIA MCQUAID, VICE CHAIR DAVID C. GAVSIE, 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 1160595 ONTARIO LIMITED OPERATING AS JOE BUTTINSKY’S BAR & GRILL 103 KING STREET EAST, HAMILTON LICENCE NUMBER 0023216 NOTICE OF PROPOSAL NUMBER 15596
Agreed Statement Of Facts
The Licence Holder, having consulted legal counsel, and Registrar’s Counsel agree to the following:
On May 10, 2007 a person rolled a marijuana cigarette in the licensed premises. A bartender in the licensed premises sold cocaine to an undercover police officer on June 20, 2007 & July 12, 2007. The bartender has since been fired. A fight occurred in the licensed premises on May 30, 2007.
Based on the facts in paragraph 1, the licence holder admits to violations of subsections 45(1) and (2) 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 the Registrar’s representative submit that the following disposition is appropriate in these circumstances:
A twenty-one (21) day suspension of the liquor licence
Should the Board make the findings as agreed to and impose the disciplinary action as submitted then the Registrar’s representative will withdraw the remaining allegations in the Notice of Proposal dated August 16, 2007.
Dated in Hamilton this 24^th^ day of January, 2008.
for the licence holder Richard E. Kulis, for the Registrar of the AGCO