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-
2098903 Ontario Inc. O/A New Smart Shooters Licensee
DECISION
Panel: Guy Maurice, Board Member Eleanor Meslin, Board Member
Decision Date: November 4, 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 ) Richard Kulis, Representative 2098903 Ontario Inc., Licensee ) Stephen Menzies, Representative
1A hearing into Notice of Proposal number 15934 dated January 15, 2008 and NOP number 16090 dated February 29, 2008 to suspend liquor licence number 808728 issued to 2098903 Ontario Inc. operating as NEW SMART SHOOTERS, 3 Steeles Avenue East, Unit 19, Brampton, Ontario, L6W 4J6, on the basis of alleged violations of subsection 45(2) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”) was held on October 31, 2008 in the City of Toronto.
2Richard Kulis, Registrar’s Representative, and Stephen Menzies, 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 July 17, 2007 a patron rolled a marijuana cigarette on the licensed patio. On October 22, 2007 a patron smoked a marijuana cigarette on the licensed patio.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(2) of the O.Reg.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 2098903 Ontario Inc. operating as NEW SMART SHOOTERS, 3 Steeles Avenue East, Unit 19, Brampton, Ontario, L6W 4J6, licence number 808728, be SUSPENDED for SEVENTEEN (17) consecutive days to COMMENCE at 11:00 a.m. on February 2, 2009, and CONTINUE until 2:00 a.m. on February 19, 2009.
DATED AT TORONTO THIS 4th DAY OF NOVEMBER, 2008.
GUY MAURICE, BOARD MEMBER ELEANOR MESLIN, BOARD MEMBER
EM/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 2098903 ONTARIO INC. OPERATING AS NEW SMART SHOOTERS, 3 STEELES AVENUE EAST, UNIT 19, BRAMPTON LICENCE NUMBER 808728 NOTICE OF PROPOSAL NUMBERS 15934 AND 16090
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel, and Registrar’s Counsel agree to the following:
On July 17, 2007 a patron rolled a marijuana cigarette on the licensed patio. On October 22, 2007, a patron smoked a marijuana cigarette on the licensed patio.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 45(2) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has a prior 13 day suspension served in July 2007.
-2-
Joint Submission Regarding Disposition
The Licence Holder, having consulted with legal counsel, and Registrar’s counsel submit that the following disposition is appropriate in these circumstances:
- A seventeen (17) day suspension of the liquor licence to start at 11:00 am on Monday, February 2, 2009 until 2:00 am on Thursday, February 19, 2009
Dated in Toronto this 31st day of October, 2008.
for the licence holder Richard E. Kulis, for the Registrar of the AGCO