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-
1160595 Ontario Limited O/A Joe Buttinsky’s Bar & Grill
Licensee
DECISION
Panel: David C. Gavsie, Chair Guy Maurice, Board Member
Decision Date: July 11, 2008
Hearing Location: Hamilton, 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 1160595 Ontario Limited, Licensee ) Ivan Marini, Representative
A hearing into Notice of Proposal number 16095 dated March 7, 2008 to suspend liquor licence number 23216 issued to 1160595 Ontario Limited operating as JOE BUTTINSKY’S BAR & GRILL, 103 King Street East, Hamilton, Ontario, L8N 1A9, on the basis of alleged violations of subsections 45(1) and 45(2) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA), was held on July 4, 2008 in the City of Hamilton.
Phillip Morris, Registrar’s Representative, and Ivan Marini, 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 October 2, 2007 a drunken patron was injured in a fight on the premises.
On October 11, 2007, drug paraphernalia and a small amount of cocaine were found in the licensed premises.
Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 45(1) and 45(2) of the O. Reg.
Order
Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 23216 issued to 1160595 Ontario Limited operating as JOE BUTTINSKY’S BAR & GRILL, 103 King Street East, Hamilton, Ontario, L8N 1A9, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on September 27, 2008 and CONTINUE until 2:00 a.m. on October 4, 2008.
FURTHER, on consent of the parties, the Board ORDERS the following conditions to be attached to the licence:
The Licensee shall employ one security guard licensed by the Registrar of Private Investigators and Security Guards in the Province of Ontario between 6 p.m. and closing on Thursday, Friday and Saturday.
The Licensee shall not permit beverages in bottles or glasses on the patio after July 11, 2008.
The Licensee shall maintain and provide to police or liquor inspectors upon demand a list of persons who have been trespassing or otherwise banned from the premises by the Licensee, including their street names and their full legal names, if possible.
DATED AT TORONTO THIS 11^th^ DAY OF JULY, 2008.
DAVID C. GAVSIE, CHAIR GUY MAURICE, BOARD MEMBER
DCG/sm
Attached
In the Matter of
Joe Buttinsky’s Bar & Grill Licence No. 23216 Notice of Proposal Issued March 7, 2008 Notice of Proposal No. 16095
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On October 2, 2007 a drunken patron was injured in a fight on the premises.
Based on paragraph 1, the licensee breached s. 45(1) of Ont. Reg 719/90.
On October 11, 2007, drug paraphernalia and a small amount of cocaine were found in the licensed premises.
Based on paragraph 3, the licensee breached s. 45(2) of Ont. Reg. 719/90.
The licensee showed remorse and cooperated with the Commission.
The licensee was suspended for 21 days in 2008 for related breaches. The above incidents predated that suspension.
JOINT SUBMISSION 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.
The Board shall suspend licence no. 23216 for a period of 7 days, commencing at 11 am on Sept. 27, 2008 and ending at 2 am on Oct. 4, 2008.
The Board shall impose the following conditions of the licence:
The Licensee shall employ one security guard licensed by the Registrar of Private Investigators and Security Guards in the Province of Ontario between 6 p.m. and closing on Thursday, Friday and Saturday.
The Licensee shall not permit beverages in bottles or glasses on the patio after July 11, 2008.
The Licensee shall maintain and provide to police or liquor inspectors upon demand a list of persons who have been trespassing or otherwise banned from the premises by the Licensee, including their street names and their full legal names, if possible.
Paul Pappas Phillip Morris For licensee Registrar’s Counsel