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-
1600814 Ontario Inc. O/A Twisters Night Club
Licensee
DECISION
Panel: S. Grace Kerr, Board Member Allan Higdon, Board Member
Decision Date: January 28, 2008
Hearing Location: Windsor, 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
1600814 Ontario Inc., Licensee ) Antonio Almeida
A hearing into Notice of Proposal number 15390 dated June 28, 2007, to suspend liquor license number 203884 issued to 1600814 Ontario Inc., operating as Twisters Night Club, 90 Richmond Street, Chatham, Ontario, N7M 1N7, 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 January 8, 2008, in the City of Windsor.
Antonio Almeida is the shareholder, officer and director of the Licensee. He appeared on on behalf of the Corporation 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 February 25, 2007, and on March 11, 2007, drunken patrons were 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 1600814 Ontario Inc., operating as Twisters Night Club, 90 Richmond Street, Chatham, Ontario, N7M 1N7, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on February 5, 2008, and CONTINUE until 2:00 a.m. on February 12, 2008.
DATED AT TORONTO THIS 28th DAY OF January , 2008.
S. GRACE KERR, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER
SGK/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 1600814 ONTARIO INC., OPERATING AS TWISTERS NIGHT CLUB, 90 RICHMOND STREET, CHATHAM LICENCE NUMBER 203884 NOTICE OF PROPOSAL NUMBER 15390
AGREED STATEMENT OF FACTS
The Licence Holder who is not represented by counsel but has been advised of the licence holders right to counsel and has chosen to proceed and Registrar’s Counsel agree to the following facts:
On February 25, 2007, and on March 11, 2007, drunken patrons were in the licensed premises.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
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 1600814 ONTARIO INC., OPERATING AS TWISTERS NIGHT CLUB, 90 RICHMOND STREET, CHATHAM LICENCE NUMBER 203884 NOTICE OF PROPOSAL NUMBER 15390
JOINT SUBMISSION ON DISPOSITION
The Licence Holder and Registra’s Counsel agree that the following disposition of the Notice of Proposal issued on June 28, 2007, is appropriate in these circumstances:
- There shall be a SEVEN (7) day suspension of liquor licence number 203884 to be served consecutively within 90 days of today’s date on dates to be submitted to the Manager of Hearings within 7 days of today’s date. The Licensee is aware that if they do not submit dates within the seven day time period to the Manager of Hearings that the Board will impose dates without further consultation with the Licensee. The Licence Holder is aware that the suspension cannot include a period of time that includes a statutory holiday. The Licence Holder is also aware that the suspension cannot start within 90 days of today’s date.
Signed this 8th day of January 2008, at Windsor, Ontario.
Brad Alton Antonio (Tony) Manuel Ameida
Counsel for the Registrar of the AGCO Licence Holder
“I have the authority to bind the corporate licensee”