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-
2128290 Ontario Inc. O/A Humphreys on Bank
Licensee
DECISION
Panel: David C. Gavsie, Chair, AGCO
Decision Date: June 30, 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 ) Sujin Chan, Representative
2128290 Ontario Inc., Licensee ) Ainslie Dunstone, Representative
A hearing into Notice of Proposal number 16007 dated February 19, 2008, to suspend liquor licence number 24237 issued to 2128290 Ontario Inc. operating as HUMPHREYS ON BANK, 683 Bank Street, Ottawa, Ontario, K1S 3T8, on the basis of alleged violations of section 46 of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”), was held on June 26, 2008, in the City of Ottawa.
Sujin Chan, Registrar’s Representative, and Ainslie Dunstone, 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:
Throughout July, August and September of 2007, noise emanating from the outdoor patio disturbed residents of the surrounding neighbourhood.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 46 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 2128290 Ontario Inc. operating as HUMPHREYS ON BANK, 683 Bank Street, Ottawa, Ontario, K1S 3T8, be SUSPENDED for THREE (3) consecutive days to COMMENCE at 11:00 a.m. on September 21, 2008, and CONTINUE until 2:00 a.m. on September 24, 2008
DATED AT TORONTO THIS 30th DAY OF JUNE, 2008.
DAVID C. GAVSIE, CHAIR, AGCO
DCG/cp
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, chapter L.19, subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE
OF 2128290 ONTARIO INC. OPERATING AS
HUMPHREY’S ON BANK, 683 BANK STREET, OTTAWA
LICENCE NUMBER 24237
NOTICE OF PROPOSAL NO. 16007
Agreed Statement of Facts
The Licence Holder, who is not represented by legal counsel but who has been advised the licence holder’s right to legal counsel and having declined that right and decided to proceed with an Agent; and Registrar’s Counsel agree to the following:
Throughout July, August and September of 2007, noise emanating from the outdoor patio disturbed residents of the surrounding neighbourhood.
Based on the facts in paragraph 1, the licence holder admits to violations of section 46 of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has expressed remorse.
The licence holder has no prior record of administrative action with the Commission.
Joint Submission Regarding
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 decided to proceed with an Agent; and Registrar’s Counsel submit that the following disposition is appropriate in these circumstances:
A three (3) day suspension of the liquor licence to commence at 11:00 a.m. on Sept. 21, 2008 and to end at 2:00 a.m. on Sept. 24, 2008.
Conditions to be added to the liquor licence stating”
(a) There shall be no live music on the patio.
(b) There shall be no amplified music or amplified sound on the patio or directed towards the patio.
(c) No amplification system shall be located on the outdoor premises.
Dated in Ottawa this 26th day of June, 2008
Jeraud Humphreys Sujin Chan
for the licence holder Counsel for the Registrar of the AGCO
“I have authority to bind
the Corporation.”
Ainslie Dunstone
Agent for the licence holder