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 of Ontario
Registrar
-and-
G Way Restaurant Services Ltd. O/A Boston Pizza
Licensee
DECISION
Panel: S. Grace Kerr, Board Member
Alex McCauley, Board Member
Decision Date: June 25, 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
G Way Restaurant Services Ltd., Licensee ) George Limberis, Representative
A hearing into Notice of Proposal number 14542 dated September 29, 2006, to suspend liquor licence number 810079 issued to G Way Restaurant Services Ltd. operating as BOSTON PIZZA, 299 Wayne Gretzky Parkway, Brantford, Ontario, N3R 8A5, on the basis of alleged violations of section 29 of the Liquor Licence Act (“LLA”) and subsections 45(1) and 20(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on April 23, 2008 in the City of Brantford, and on June 16, 2008, by teleconference in the City of Toronto.
Phillip Morris, Registrar’s Representative, and George Limberis, 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 December 27, 2004, two patrons became very drunk in the licensed premises. They drove away from the licensed premises and were seriously injured in a single motor vehicle accident.
Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 of the LLA. The Board accepted the withdrawal of the remaining allegations.
The Board was also orally advised about, and the parties confirmed, their further agreement that the Licensee shall pay to the Registrar of the Alcohol and Gaming Commission the sum of One Thousand ($1,000.00) dollars for transcripts.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to G Way Restaurant Services Ltd. operating as BOSTON PIZZA, 299 Wayne Gretzky Parkway, Brantford, Ontario, N3R 8A5, be SUSPENDED for TWENTY-ONE (21) consecutive days to COMMENCE at 11:00 a.m. on September 2, 2008, and CONTINUE until 2:00 a.m. on September 23, 2008.
DATED AT TORONTO THIS 25th DAY OF JUNE, 2008.
S. GRACE KERR, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER
SGK/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 G WAY RESTAURANT SERVICES OPERATING AS BOSTON PIZZA, 299 WAYNE GRETZKY PKY, BRANTFORD
LICENCE NO. 810079
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED SEPT. 29, 2006
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On Dec.27, 2004, two patrons became very drunk in the licensed premises. They drove away from the licensed premises and were seriously injured in a single motor vehicle accident.
Based on paragraph 1, the licensee breached s. 29 of the Liquor Licence Act.
The licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
page 2
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. 810079 for a period of 21 days commencing at 11:00 a.m. on Sept 2, 2008 and ending at 2:00 a.m. on Sept. 23, 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 29TH DAY OF MAY, 2008
RESPECTFULLY SUBMITTED,
Robert Phillips Phillip Morris
for Registrar’s Counsel
licensee