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-
1514975 Ontario Limited O/A The Conroy Pub
Licensee
DECISION
Panel: Allan Higdon, Board Member Joan Lougheed, Board Member
Decision Date: October 23, 2008
Hearing Location: Ottawa, 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 ) Joyce Taylor, Representative 1514975 Ontario Limited, Licensee ) Alex Lu, Representative
A hearing into Notice of Proposal number 16525 dated July 25, 2008, to suspend liquor licence number 804391 issued to 1514975 Ontario Limited, (the “Licensee”), operating as THE CONROY PUB, 4 Lorry Greenberg Drive, Unit 28, Ottawa, Ontario, K1G 5H6, (the “establishment” or the “premises”), on the basis of alleged violations of subsection 30(4) of the Liquor Licence Act (LLA) and subsections 33(1), 41(1), 45(1) and 45.1 of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA, was held on September 30, 2008, in the City of Ottawa.
Alex Lu, Licensee’s Representative, appeared on behalf of the corporation and waived the right to legal representation.
Joyce Taylor, Registrar’s Representative, and Mr. Lu 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 7, 2007, liquor inspectors visited the licensed premises and found a 17 year old consuming beer. The young man had presented expired identification which did not resemble him in appearance. On December 9, 2007, three 17 year olds were drinking beer in the establishment. They presented identification which did not have their pictures on it. One of the minors brought her own cans of beer to the establishment and consumed at least one of them in the establishment. All of the minors were observed to be visibly intoxicated by an Ottawa Police officer. On December 15, 2007, a liquor inspector and a police officer observed an intoxicated patron who was allowed inside the establishment.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 30(4), of the LLA and subsections 33(1), 41(1), 45(1) and 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 number 804391 issued to 1514975 Ontario Limited, operating as THE CONROY PUB, 4 Lorry Greenberg Drive, Unit 28, Ottawa, Ontario, K1G 5H6, be SUSPENDED for SIXTEEN (16) consecutive days to COMMENCE at 11:00 a.m. on January 3, 2009, and CONTINUE until 2:00 a.m. on January 19, 2008.
DATED AT TORONTO THIS 23rd DAY OF October , 2008.
ALLAN HIGDON, BOARD MEMBER JOAN LOUGHEED, BOARD MEMBER
JL/ee
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, c. L. 19, s. 13(1)(b) 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE
OF 1514975 ONTARIO LIMITED, OPERATING AS
THE CONROY PUB, 4 LORRY GREENBERG DRIVE, UNIT 28.
OTTAWA, LICENCE NO. 804391, NOP NO. 16525
AGREED STATEMENT OF FACTS
The Licensee who has been advised of the right to legal representation and having waived that right and chosen to proceed without legal representation, agrees with Registrar’s counsel to the following facts in relation to the Notice of Proposal to Suspend a Licence dated July 25, 2008:
On December 7, 2007, liquor inspectors visited the licensed premises and found a 17 year old consuming beer. The young man had presented expired identification which did not resemble him in appearance. On December 9, 2007, three 17 year olds were drinking beer in the establishment. They presented identification which did not have their pictures on it. One of the minors brought her own cans of beer to the establishment and consumed at least one of them in the establishment. All of the minors were observed to be visibly intoxicated by an Ottawa Police officer. On December 15, 2007, a liquor inspector and a police officer observed an intoxicated patron who was allowed inside the establishment.
Based on the above-mentioned facts, the licensee admits to having breached sections 30(4), of the Liquor Licence Act, and sections 41(1), 45(1), 45.1 and 33(1) of Ontario Revised Regulation 719/90 as amended and enacted pursuant to the Liquor Licence Act.
The licensee has agreed to implement further security measures in order to prevent these infractions from taking place in the future.
JOINT SUBMISSION ON DISPOSITION
Whereas this licensee has served a ten (10) day suspension for breaching section 45(1) of R.R.O. 719/09 (permitting drunkenness),
The Licensee who has been advised of the right to legal representation and has chosen to proceed without representation and Registrar’s counsel jointly submit that the following disposition is appropriate in these circumstances:
There shall be a sixteen (16) day suspension of liquor licence 804391 to be commencing at 11:00 a.m. on January 3, 2009 to January 19, 2009 at 2:00 a.m.
Should the Board accept this Agreed Statement of Facts and order the Joint Submissions on Disposition as set out herein, the Registrar shall withdraw all remaining allegations as set out in the Notice of Proposal dated July 25, 2008.
Respectfully submitted this 30th day of September, 2008.
1514975 ONTARIO INC.
Helen Liu Joyce A. Taylor
“I have authority to bind the Corporation” Counsel for the Registrar