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-
1326284 Ontario Ltd. O/A T.J.’s Hanger Sports Grill
Licensee
DECISION
Panel: Beryl Ford, Board Member
Decision Date: January 7, 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 ) Daniel Alakas, Representative
1326284 Ontario Ltd., Licensee ) Greg Burd, Representative
A hearing into Notice of Proposal number 15693 dated October 10, 2007, to suspend liquor licence number 24479 issued to 1326284 Ontario Ltd., operating as T.J.’s Hanger Sports Grill, 35 Broadway Avenue, Orangeville, Ontario, L9W 1J7, on the basis of alleged violations of section 29 of the Liquor Licence Act (LLA) and section 43 and subsections 34(1) and 45(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA, was held on January 3, 2008, in the City of Toronto.
Daniel Alakas, Registrar’s Representative, and Greg Burd, 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 February 11, 2007, May 20, 2007, and on July 1, 2007, drunken patrons were found in the licensed premises.
On May 20, 2007, and on July 15, 2007, patrons were permitted to remove liquor from licensed areas to unlicensed areas.
On May 20, 2007, a drunken patron was served liquor in the licensed premises while he appeared to be intoxicated.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 of the Liquor Licence Act (LLA) and subsections 34(1) and 45(1) 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 1326284 Ontario Ltd., operating as T.J.’s Hanger Sports Grill, 35 Broadway Avenue, Orangeville, Ontario, L9W 1J7, be SUSPENDED for FOURTEEN (14) consecutive days. The suspension of the licence shall be deferred until the premises is considered to be operational, at which time the Licensee’s Representative and the Registrar’s Representative shall jointly provide the Board with proposed suspension dates.
DATED AT TORONTO THIS 7th DAY OF January , 2008.
BERYL FORD, BOARD MEMBER
BF/ee
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
1326284 ONTARIO LTD., OPERATING AS T.J.’S HANGER
SPORTS GRILL, 35 BROADWAY AVENUE, ORANGEVILLE
LICENCE NUMBER 24479
AND IN THE MATTER OF A NOTICE OF PROPOSAL NO.
15693 ISSUED OCTOBER 10, 2007.
AGREED STATEMENT OF FACTS
The licensee, after consultation with an agent or having been advised of the right to counsel and having waived that right, and the Registrar agree to the following facts:
On February 11, 2007, May 20, 2007 and on July 1, 2007, drunken patrons were found in the licensed premises.
Based on the above mentioned facts, the licensee admits to having breached Section 45(1) of Ontario Regulation 719/90 by permitting drunkenness to occur in the licensed premises.
On May 20, 2007 and on July 15, 2007, patrons were permitted to remove liquor from licensed areas to unlicensed areas.
Based on the above mentioned facts, the licensee admits to having breached Section 34(1) of Ontario Regulation 719/90 by permitting a person to remove liquor from the licensed premises.
On May 20, 2007, a drunken patron was served liquor in the licensed premises while he appeared to be intoxicated.
Based on the above mentioned facts, the licensee admits to having breached Section 29 of the Liquor Licence Act by permitting liquor to be sold or supplied to a person who was or appeared to be intoxicated.
The licensee has no prior record of suspensions imposed by the Board.
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- The premises is currently not operating due to fire damage. At this time, it is the intent of the licensees to reopen the establishment as soon as possible.
JOINT SUBMISSION ON DISPOSITION
The licensee, after consulting an agent and having been advised of the right to counsel and having waived that right, and the Registrar’s Representative jointly submit that the following disposition is appropriate in the circumstances:
There shall be a fourteen (14) day suspension of liquor licence number 24479.
The suspension of liquor licence number 24479 shall be deferred until the premises is considered to be operational, at which time the Licensee’s Representative and the Registrar’s Representative shall jointly provide the Board with proposed suspension dates.
DATED AT TORONTO, THIS 2ND DAY OF JANUARY 2008
RESPECTFULLY SUBMITTED,
For the licence holder Daniel ALAKAS
“I have authority to bind the licensee” Registrar’s Representative