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-
896807 Ontario Limited O/A Club 147
Licensee
ORDER
Panel: Guy Maurice, Board Member
Alex McCauley, Board Member
Order Date: November 12, 2008
Hearing Location: Timmins, Ontario
Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, Suite 300
Toronto ON M2N 0A4
Phone (416) 326-0366 Fax (416) 326-5566
Website: www.agco.on.ca
Allegations
Registrar, Alcohol and Gaming Commission ) Richard Kulis, Representative
896807 Ontario Limited, Licensee ) Paul Bragagnolo, Representative
Allegations
- A hearing into Notice of Proposal number 16716 dated October 9, 2008 to revoke a liquor licence and an Order by the Registrar dated October 9, 2008 to immediately suspend liquor license number 812457 issued to 896807 Ontario Limited (the “Licensee”) operating as CLUB 147, 57 Mountjoy Street South, Upper Level, Timmins, Ontario, P4N 1S6 (the “Premises”), on the basis of an alleged violation of section 6 of the Liquor Licence Act (“LLA”) and subsection 45(1) and section 45.2 of Ontario Regulation 719/90 (“O.Reg”) made pursuant to the LLA, continued on November 12, 2008 in the City of Timmins.
Order
The Registrar had ordered on October 9, 2008 that an Interim Suspension be placed on the licence in the interest of public safety subject to an Order by the Board of the Alcohol and Gaming Commission of Ontario (“AGCO”).
The hearing commenced on October 24, 2008 and by oral order on that date, confirmed in the written order dated October 28, 2008, the interim suspension was to remain in effect until the next hearing date.
The hearing re-convened on November 12, 2008, and the Board, having considered the evidence heard to date and the submissions of the parties’ representatives on November 12, 2008, confirms its oral ORDER that the Interim Suspension Order dated October 9, 2008 placed on licence number 812457 operating as CLUB 147, 57 Mountjoy Street South, Upper Level, Timmins, Ontario, P4N 1S6, be RESCINDED as of 11:00 a.m. on November 13, 2008, on conditions as set out below.
The Board’s immediate concern is the public interest and safety. After hearing all of the evidence and submissions, the Board is satisfied that those concerns are not compromised by lifting the interim suspension and attaching the conditions to the order. By this decision to rescind the Interim Suspension Order, the Board is not pre-judging the matters alleged in NOP number 16716. A final determination cannot and will not be made until all the evidence and submissions are thoroughly reviewed by the panel. The Board will release its final decision in due course.
The Board therefore ORDERS that the Interim Suspension Order is hereby RESCINDED effective at 11:00 a.m. on November 13, 2008 subject to the following conditions:
a) There shall be two clearly identified security personnel on duty on Thursday, Friday and Saturday evenings, or in the case of a special event if deemed necessary, and each shall be equipped with a working communications system that is capable of calling the police or other assistance when required.
b) There shall be a manager on the premises during evening hours of operation and up until closing time.
DATED AT TORONTO THIS 12th DAY OF NOVEMBER, 2008.
GUY MAURICE, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER
AM/cp