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-
2037939 Ontario Limited O/A Keystorm Pub
Licensee
DECISION
Panel: Allan Higdon, Board Member Brian J. Ford, Board Member
Decision Date: November 26, 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 ) Joyce Taylor, Representative 2037939 Ontario Limited, Licensee ) John M. Johnston, Representative
A hearing into Notice of Proposal number 16350 (the “NOP”) dated June 5, 2008, to suspend liquor licence number 807744 issued to 2037939 Ontario Limited, (the “Licensee”), operating as KEYSTORM PUB, 4 Court House Avenue West, Brockville, Ontario, K6V 4T1, (the “establishment”), on the basis of alleged violations of section 43 and subsection 34(1) of Ontario Revised Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act, was held on October 5, 2008, in the City of Kingston.
Joyce Taylor, Registrar’s Representative, and John Johnston, 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 August 11, 2007, a liquor inspector visited the licensed premises and found approximately 50 people on the patio which is licensed for 31 people. Patrons were permitted to carry alcoholic beverages up and down stairs before the licensee had obtained the washroom and hallway endorsement on his liquor licence.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 and subsection 34(1) of the O.Reg.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 807744 issued to 2037939 Ontario Limited, operating as KEYSTORM PUB, 4 Court House Avenue West, Brockville, Ontario, K6V 4T1, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on January 2, 2009, and CONTINUE until 2:00 a.m. on January 9, 2009.
DATED AT TORONTO THIS 26th DAY OF November , 2008.
ALLAN HIGDON, BOARD MEMBER BRIAN J. 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
2037939 ONTARIO LIMITED OPERATING AS
KEYSTORM PUB, 4 COURT HOUSE AVENUE WEST.
BROCKVILLE, LICENCE NO. 807744
NOTICE OF PROPOSAL NO. 16350
The Licensee who has been advised by counsel and Registrar’s counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated June 5, 2008:
On August 11, 2007, a liquor inspector visited the licensed premises and found approximately 50 people on the patio which is licensed for 31 people. Patrons were permitted to carry alcoholic beverages up and down stairs before the licensee had obtained the washroom and hallway endorsement on his liquor licence.
Based on the above-mentioned facts the licensee admits to having breached sections 43 and 34(1) of Ontario Revised Regulation 719/90 as enacted pursuant to the Liquor Licence Act.
The licensee has since obtained the washroom and hallway endorsement for the liquor licence.
JOINT SUBMISSION ON DISPOSITION
Whereas the Licensee has no adverse record before the Board;
The Licensee who has been advised by counsel and Registrar’s counsel jointly submit that the following disposition is appropriate in these circumstances:
- There shall be a seven (7) day suspension of liquor licence 8907744 to be served on dates to be provided in writing to the Manager of Hearings Section of the Alcohol and Gaming Commission of Ontario, 90 Sheppard Ave. E., Suite 300, Toronto, Ontario, M2N 0A4, fax (416) 326-5566, within seven (7) days of today’s date, failing which the Board shall set the suspension dates without further consultation with the Licensee. The suspension cannot commence for at least twenty (20) days following notification, must be completed within ninety (90) days of today’s date, and cannot be served between December 24, 2008 and January 1, 2009.
Respectfully submitted this 5th day of November, 2008.
Daniel Thompson Joyce A. Taylor
“I have authority to bind the Corporation.” Counsel for the Registrar
John M. Johnston
Counsel for the Licensee