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-
2113339 Ontario Inc. operating as The James Joyce Irish Pub Licensee
DECISION
Panel: Kirsti Hunt, Vice-Chair Beryl Ford, Board Member
Decision Date: December 1, 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 Fax: (416) 326-5566 Toll Free In Ontario: 1-800-522-2876 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Phillip Morris, Representative
2113339 Ontario Inc., Licensee ) Jerry Levitan, Representative
Allegations
1A hearing into Notice of Proposal number 16255 dated May 9, 2008, to suspend liquor licence number 201449 issued to 2113339 Ontario Inc., (the “Licensee”) operating as THE JAMES JOYCE IRISH PUB, 386 Bloor Street West, Toronto, Ontario, M5S 1X4, (the “premises”), on the basis of an alleged violation of subsection 45(1) of Ontario Regulation 719/90 (“O.Reg.”), made pursuant to the Liquor Licence Act, was held on September 10, 2008, in the City of Toronto.
2In its Decision on Findings dated November 24, 2008, the Board made a finding that the Licensee breached subsection 45(1) of the O.Reg. and asked the parties for written submissions on disposition.
3Before the said decision was released, Phillip Morris, Registrar’s Representative, and Jerry Levitan, 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:
On February 3, 2008, there was a drunken patron in the licensed premises.
4Based on the Agreed Statement of Facts the Licensee agreed that there was a breach of subsection 45(1) of the O.Reg. which the Board had found in its decision of November 24, 2008.
Order
5Therefore, having considered the Joint Submission on Disposition, the Board ORDERS that liquor licence number 201449 issued to 2113339 Ontario Inc., operating as THE JAMES JOYCE IRISH PUB, 386 Bloor Street West, Toronto, Ontario, M5S 1X4, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on January 4, 2009, and CONTINUE until 2:00 a.m. on January 11, 2009.
DATED AT TORONTO THIS 1st DAY OF December , 2008.
KIRSTI HUNT, VICE-CHAIR BERYL FORD, BOARD MEMBER
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 2113339 ONTARIO INC. OPERATING AS THE JAMES JOYCE IRISH
PUB, 386 BLOOR STREET WEST, TORONTO
LICENCE NO. 201449
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED MAY 9, 2008
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On February 3, 2008, there was a drunken patron in the licensed premises.
Based on paragraph 1, the licensee breached s. 45(1) of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission.
The licensee was previously suspended for 14 days in 2008 by the Board.
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JOINT SUBMISSIONS ON DISPOSITION
The licensee, after consultation with counsel, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 201449 for a period of 7 days, commencing at 11:00 a.m. on January 4, 2009 and ending at 2:00 a.m. on January 11, 2009.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 17TH DAY OF NOVEMBER, 2008.
RESPECTFULLY SUBMITTED,
Ping Hing Chou Phillip Morris
For Registrar’s Counsel
Licensee