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-
651552 Ontario Inc. O/A Manor Entertainment Complex
Licensee
DECISION
Panel: Guy Maurice , Board Member
Decision Date: February 12, 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 ) Phillip Morris, Representative
651552 Ontario Inc., Licensee ) Randall Barrs, Representative
A teleconference hearing into Notice of Proposal number 14354 dated July 25, 2006 to suspend a licence and add a condition to liquor licence number 11085 issued to 651552 Ontario Inc. operating as MANOR ENTERTAINMENT COMPLEX, 211 Silvercreek Parkway South, Guelph, Ontario, N1H 3K5, on the basis of alleged violations of subsection 30(4) of the Liquor Licence Act (“LLA”) and subsection 41(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on February 8, 2008 in the City of Toronto.
Phillip Morris, Registrar’s Representative, and Randall Barrs, 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 March 17, 2006, 2 minors consumed liquor in the licensed premises.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30(4) of the LLA. The Board accepted the withdrawal of the remaining allegation.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 651552 Ontario Inc. operating as MANOR ENTERTAINMENT COMPLEX, 211 Silvercreek Parkway South, Guelph, Ontario, N1H 3K5, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on March 9, 2008, and CONTINUE until 2:00 a.m. on March 16, 2008.
DATED AT TORONTO THIS 12^th^ DAY OF FEBRUARY, 2008.
GUY MAURICE, BOARD MEMBER
GM/cp
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 651552 ONTARIO INC. OPERATING AS MANOR ENTERTAINMENT COMPLEX, 211 SILVERCREEK PKY. S., GUELPH
LICENCE NUMBER 0011085
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED JULY 25, 2006.
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On March 17, 2006, 2 minor consumed liquor in the licensed premises.
Based on paragraph 1, the licensee breached s. 30(4) of the Liquor Licence Act.
The licensee has shown remorse and co-operated with the Commission.
The licensee was previously suspended for 7 days in 2005.
page 2
JOINT SUBMISSIONS ON DISPOSITION
The licensee, after consultation with counsel, and the Registrar, jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 0011085 for a period of 7 days commencing at 11:00 a.m. on March 9, 2008 and ending at 2:00 a.m. on March 16, 2008.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 28^TH^ DAY OF JANUARY, 2008.
RESPECTFULLY SUBMITTED,
Roger Cohen Phillip Morris
for Registrar’s Counsel
licensee