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-
2057356 Ontario Inc. O/A Newfoundlander Restaurant (The) Licensee
DECISION
Panel: Dianne Axmith, Board Member Guy Maurice, Board Member
Decision Date: February 6, 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 2057356 Ontario Inc., Licensee ) Randall Barrs, Representative
[1]. A hearing into Notice of Proposal number 15588 dated August 15, 2007 to suspend liquor licence number 201864 issued to 2057356 Ontario Inc. operating as NEWFOUNDLANDER RESTAURANT (THE), 470-472 Danforth Road, (Scarborough), Toronto, Ontario, M1K 1C6, on the basis of alleged violations of paragraph 50(c) and subsection 31.1(1) of Ontario Revised Regulation 719/90 ("O.Reg") made pursuant to the Liquor Licence Act ("LLA") was held on January 28, 2008 in the City of Toronto.
[2]. 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 May 2, 2007, a fire exit door was blocked. Bugs were found floating in a liquor bottle.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached paragraph 50(c) and subsection 31.1(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 2057356 Ontario Inc. operating as NEWFOUNDLANDER RESTAURANT (THE), 470-472 Danforth Road, (Scarborough), Toronto, Ontario, M1K 1C6, be SUSPENDED for FOUR (4) consecutive days to COMMENCE at 11:00 a.m. on February 24, 2008 and CONTINUE until 2:00 a.m. on February 28, 2008.
DATED AT TORONTO THIS 6th DAY OF FEBRUARY, 2008.
GUY MAURICE, BOARD MEMBER DIANNE AXMITH, 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 2057356 ONTARIO INC. OPERATING AS NEWFOUNDLANDER RESTAURANT (THE), 470-472 DANFORTH RD., TORONTO LICENCE NUMBER 201864
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED AUGUST 15, 2007
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On May 2, 2007, a fire exit door was blocked. Bugs were found floating in a liquor bottle.
Based on paragraph 1, the licensee breached s.50(c ) and 31.1(1) of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
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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. 201864 for a period of 4 days.
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 28TH DAY OF JANUARY, 2008.
RESPECTFULLY SUBMITTED,
Alji (Ali) Asimovski for licensee
Phillip Morris Registrar's Counsel