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-
John Perri O/A Glow/The Other Place Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair
Decision Date: June 11, 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 ) Richard Kulis, Representative
John Perri, Licensee ) On his own behalf
A teleconference hearing into Notice of Proposal number 16163 dated April 3, 2008 to suspend liquor license number 40445 issued to John Perri operating as GLOW/OTHER PLACE (THE), 119 Gore Street, Sault Ste Marie, Ontario, P6A 1L9, on the basis of alleged violations of subsections 20(1) and 45(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA) was held on June 4, 2008 in the City of Toronto.
John Perris is the owner and Licensee. He appeared on his own behalf and waived the right to legal representation.
Richard Kulis, 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 May 5, 2007 drunken patrons were in the licensed premises. Liquor “shots” were being sold at the reduced price of one dollar.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 20(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 issued to John Perri, operating as GLOW/OTHER PLACE (THE), 119 Gore Street, Sault Ste Marie, Ontario, P6A 1L9, be SUSPENDED for SEVENTEEN (17) consecutive days to COMMENCE at 11:00 a.m. on August 1, 2008, and CONTINUE until 2:00 a.m. on August 18, 2008.
DATED AT TORONTO THIS 11^th^ DAY OF JUNE, 2008.
PATRICIA MCQUAID, VICE-CHAIR
PM/sm
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 JOHN PERRI OPERATING AS GLOW/THE OTHER PLACE, 119 GORE STREET, SAULT STE. MARIE LICENECE NUMBER 40445
NOTICE OF PROPOSAL NO. 16163
AGREED STATEMENT OF FACTS
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and having declined that right and agreed to proceed without legal counsel, and the Registrar’s representative agrees to the following”
On May 5, 2007 drunken patrons were in the licensed premises. Liquor “shots” were being sold at the reduced price of one dollar.
Based on the facts in paragraph 1, the licence holder admits to violations of subsections 45(1) (permit drunkenness) and 20(1) (promote immoderate consumption) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has a prior fourteen (14) day suspension served in August 2007.
JOINT SUBMISSION ON DISPOSITION
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and has declined that right and agreed to proceed without legal counsel, and the Registrar’s representative submit that the following disposition is appropriate in these circumstances:
- A seventeen (17) day suspension of the liquor licence to start at 11:00 a.m. on Friday, August 1, 2008 until 2:00 a.m. on Monday, August 18, 2008.
Dated in Toronto this 2^nd^ day of June, 2008.
For the licence holder Richard. E Kulis, for the Registrar of of the AGCO