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-
Thomas Peter Bunton O/A Temple Bar
Licensee
DECISION
Panel: Guy Maurice, Board Member Kirsti Hunt, Vice-Chair
Decision Date: January 10, 2008
Hearing Location: Sarnia, 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 ) Brad Alton, Representative
Thomas Peter Bunton, Licensee ) On his own behalf
A hearing into Notice of Proposal number 15464 dated July 23, 2007, to suspend liquor license number 202004 issued to Thomas Peter Bunton operating as Temple Bar, 146 Christina Street North, Sarnia, Ontario, N7T 5T9, on the basis of an alleged violation of subsection 45(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA), was held on December 11, 2007, in the City of Sarnia.
Thomas Peter Bunton appeared on his own behalf and waived the right to legal representation.
Brad Alton, Registrar’s Representative, and the Licensee 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 19, 2007, there were numerous drunken patrons in the licensed premises. As well, a large fight broke out in the licensed premises.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached 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 Thomas Peter Bunton operating as Temple Bar, 146 Christina Street North, Sarnia, Ontario, N7T 5T9, be SUSPENDED for FIFTEEN (15) consecutive days to COMMENCE at 11:00 a.m. on February 1, 2008, and CONTINUE until 2:00 a.m. on February 16, 2008.
DATED AT TORONTO THIS 10th DAY OF January , 2008.
GUY MAURICE, BOARD MEMBER KIRSTI HUNT, VICE-CHAIR
GM/ee
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 PETER THOMAS BUNTON
OPERATING AS TEMPLE BAR,
146 CHRISTINA STREET NORTH, SARNIA
LICENCE NUMBER 0202004
NOTICE OF PROPOSAL NUMBER 15464
Agreed Statement Of Facts
The Licence Holder, who is not represented by legal counsel, but who has been advised of the licence holder’s right to legal counsel and has declined that right and Registrar’s Counsel agree to the following with respect to the Notice of Proposal to Suspend a Licence dated July 23, 2007:
On May 19, 2007, there were numerous drunken patrons in the licensed premises. As well, a large fight broke out in the licensed premises.
Based on the facts in paragraph 1, the Licence Holder admits to violations of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
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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 PETER THOMAS BUNTON
OPERATING AS TEMPLE BAR,
146 CHRISTINA STREET NORTH, SARNIA
LICENCE NUMBER 0202004
NOTICE OF PROPOSAL NUMBER 15464
Joint Submission Regarding Disposition
The Licence Holder and Register’s Counsel agree that the following disposition is appropriate in these circumstances:
- There shall be a FIFTEEN (15) day suspension of liquor licence #202004 to be served consecutively within NINETY (90) days of today’s date, on dates to be provided, in writing to the Manager of Hearings within SEVEN (7) days of today’s date, failing which dates shall be imposed by the Board without further consultation with the Licensee. Furthermore, the suspension must commence on a Friday. As well, the Licensee is aware that the proposed suspension cannot start within twenty days of the date of acceptance by the Board.
Dated at Sarnia this 11th day of December, 2007.
Thomas Peter Bunton Brad Alton, Counsel for the
Licence Holder Registrar of the AGCO
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