Registrar, Alcohol and Gaming Commission of Ontario v. 1292002 Ontario Ltd., 2008 CanLII 91808

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-

1292002 Ontario Ltd. O/A Grace O’Malley’s Licensee

DECISION

Panel: Joan Lougheed, Board Member Eleanor Meslin, Board Member

Decision Date: September 26, 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 ) Phillip Morris, Representative 1292002 Ontario Ltd., Licensee ) Jerry Levitan, Representative

1A hearing into Notice of Proposal (“NOP”) number 16293 dated May 23, 2008, NOP number 16294 dated May 23, 2008, and NOP number 16411 dated June 23, 2008 to suspend liquor licence number 202769 issued to 1292002 Ontario Ltd. operating as GRACE O’MALLEY’S, 1541 Merivale Road, Unit H, Nepean, Ontario, K2G 5W1, on the basis of alleged violations of section 29 and subsection 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) pursuant to the Liquor Licence Act (“LLA”) was held on September 12, 2008, in the City of Ottawa.

2As a preliminary matter, Phillip Morris, Registrar’s Representative, and Jerry Levitan, Licensee’s Representative, sought to have NOP number 16411 amended to include allegations of violations of section 43 and subsection 34(1) of the O.Reg on May 27, 2008 and June 17, 2008 respectively. The Board granted the request of the parties.

3Mr. Morris and Mr. Levitan 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:

1. On August 15, 2007, a staff member removed an intoxicated patron from the premises. The patron was injured during the altercation.
2. On February 12, 2008, there was a drunken patron in the licensed premises.
3. On June 17, 2008, a patron consumed liquor on the unlicensed patio.
4. On May 27, 2008, there were 324 people in premises licensed for 304 people.

4Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 and subsections 34(1) and 45(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegations.

Order

5Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1292002 Ontario Ltd. operating as GRACE O’MALLEY’S, 1541 Merivale Road, Unit H, Nepean, Ontario, K2G 5W1, be SUSPENDED for EIGHTEEN (18) consecutive days to COMMENCE at 11:00 a.m. on January 2, 2009 and CONTINUE until 2:00 a.m. on January 20, 2008.

DATED AT TORONTO THIS 26th DAY OF SEPTEMBER, 2008.

JOAN LOUGHEED, BOARD MEMBER ELEANOR MESLIN, BOARD MEMBER

EM/cp

Attached

In the Matter of Grace O’Malley’s

Liquor Licence No. 202769 Notices of Proposals #s 16293, 16294 and 16411 as Amended

Agreed Statement of Facts

The Licensee, after consultation with counsel, and the Registrar agree to the following facts:

1. On Aug. 15, 2007, a staff member removed an intoxicated patron from the premises. The patron was injured during the altercation.
2. Based on para. 1, the licensee breached s.45(1) of Ont. Reg. 719/90 by permitting drunk and disorderly conduct in the licensed premises.
3. On Feb.12, 2008, there was a drunken patron in the licensed premises.
4. Based on para.3, the licensee breached s.45(1) of Ont. Reg. 719/90.
5. On June 17, 2008, a patron consumed liquor on the unlicensed patio.
6. Based on para. 5, the licensee breached s.34(1) of Ont. Reg. 719/90.
7. On May 27, 2008, there were 324 people in premises licensed for 304 people.
8. Based on para.7, the licensee breached s.43 of Ont. Reg. 719/90.
9. The licensee has shown remorse and cooperated with the Commission.
10. The licensee was previously suspended for 10 days in 2007 for breaches of the Act and regulations.

Joint Submissions On Disposition

The licensee, after consultation with counsel, and the Registrar submit that the following disposition is appropriate as a matter of specific and general deterrence:

1. The Board shall suspend licence no. 202769 for a period of 18 days, commencing at 11am on Jan. 2, 2008 and ending at 2am on Jan. 20, 2008.
2. The Board warns the licensee that staff members must not consume liquor after hours in the licensed premises.
3. If the Board accepts this Agreed Statement and Joint Submission, the Registrar will withdraw all remaining allegations in the three Notices of Proposal.

Dated at Ottawa this 12th Day of Sept. 2008.