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-
Angelanna Inc. O/A Petrina’s Taps & Billiards / Riley’s Olde Towne Pub / Junction
Licensee
DECISION
Panel: 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
Angelanna Inc., Licensee ) Jerry Levitan, Representative
A teleconference hearing into Notice of Proposal number 15625 dated September 4, 2007 to suspend liquor licence number 802814 issued to Angelanna Inc. operating as PETRINA’S TAPS & BILLIARDS / RILEY’S OLDE TOWNE PUB / JUNCTION, 253 George Street North, Peterborough, Ontario, K9J 3G7, on the basis of alleged violations of subsection 34(1) and section 43 of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”) was held on January 30, 2008 in the City of Toronto.
Phillip Morris, Registrar’s Representative, and Jerry Levitan, 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 24, 2007, there were 696 people in an area licensed for 590 people.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 of the O.Reg. 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 Angelanna Inc. operating as PETRINA’S TAPS & BILLIARDS / RILEY’S OLDE TOWNE PUB / JUNCTION, 253 George Street North, Peterborough, Ontario, K9J 3G7, be SUSPENDED for EIGHTEEN (18) consecutive days to COMMENCE at 11:00 a.m. on March 24, 2008 and CONTINUE until 2:00 a.m. on April 11, 2008.
DATED AT TORONTO THIS 6th 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 ANGELANNA INC. OPERATING AS PETRINA’S TAPS & BILLIARDS/RILEY’S OLDE TOWNE PUB/JUNCTION, 253
GEORGE STREET NORTH, PETERBOROUGH
LICENCE NO. 802814
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED SEPTEMBER 4, 2007.
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On March 24, 2007, there were 696 people in an area licensed for 590 people.
Based on paragraph 1, the licensee breached s.43 of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission.
The licensee was previously suspended for 5 days in 2003 and 21 day in 2006 for overcrowding.
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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. 802814 for a period of 18 days commencing at 11:00 a.m. on March 24, 2008 and ending at 2:00 a.m. on April 11, 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 28TH DAY OF JANUARY, 2008
RESPECTFULLY SUBMITTED,
Chris Kakouros Phillip Morris
for Registrar’s Counsel
licensee