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-
1361292 Ontario Inc. O/A O’Connor’s Irish Pub
Licensee
DECISION
Panel: David C. Gavsie, Chair, AGCO
Decision Date: October 29, 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 ) Joyce Taylor, Representative 1361292 Ontario Inc., Licensee ) Ainslie Dunstone, Representative
A hearing into Notice of Proposal number 16327 dated June 2, 2008 to suspend licence number 807661 issued to 1361292 Ontario Inc. operating as O’CONNOR’S IRISH PUB, 650 Kanata Avenue, Ottawa, Ontario, K2T 1E7, on the basis of alleged violations of subsection 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”) was held on October 23, 2008 in the City of Ottawa.
Joyce Taylor, 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:
On November 4, 2007 a liquor inspector and police officers visited the licensed premises and observed two drunken patrons. On January 12, 2008, a liquor inspector visited the establishment and found a drunken patron.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) 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 1361292 Ontario Inc. operating as O’CONNOR’S IRISH PUB, 650 Kanata Avenue, Ottawa, Ontario, K2T 1E7, licence number 807661, be SUSPENDED for SEVENTEEN (17) consecutive days to COMMENCE at 11:00 a.m. on January 4, 2009, and CONTINUE until 2:00 a.m. on January 21, 2009.
Further, the Board ORDERS, on consent of all parties, that the following conditions be attached to the licence:
The Licensee shall have at least one video surveillance camera located inside the establishment for each entrance and exit used by patrons, which shall clearly show all patrons entering and exiting the establishment. Each camera shall record at all times when any person is inside the establishment.
All recordings from every video surveillance camera shall be retained for at least thirty (30) days. The Licensee shall permit all liquor inspectors and police officers to view any such recording immediately upon request. Upon request from any liquor inspector or police officer, the Licensee shall provide a reviewable copy of any video surveillance recording as soon as possible, and no later than five (5) days after the person in charge of the establishment has been requested to provide the copy.
The Licensee shall post a prominent notice at each entrance and exit used by patrons, advising patrons that they are subject to video surveillance inside the establishment.
DATED AT TORONTO THIS 29th DAY OF OCTOBER, 2008.
DAVID C. GAVSIE, CHAIR, AGCO
DCG/cp
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
1361292 ONTARIO INC.
OPERATING AS O’CONNOR’S IRISH PUB,
650 KANATA AVENUE, OTTAWA
LICENCE NUMBER 807661
AGREED STATEMENT OF FACTS
The Licensee through its representative and Registrar’s counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated June 2, 2008.
On November 4, 2007 a liquor inspector and police officers visited the licensed premises and observed two drunken patrons. On January 12, 2008, a liquor inspector visited the establishment and found a drunken patron.
Based on the above-mentioned facts the licence holder admits to having twice breached section 45(1) of Revised Regulation 719/90 pursuant to the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
Whereas this licensee has been previously suspended for five (5) days in 2003 for permitting overcrowding and for ten (10) days in 2007 for permitting the removal of liquor and permitting drunkenness:
The Licensee through its representative and Registrar’s counsel jointly submit that the following disposition is appropriate in the circumstances:
There shall be a seventeen day suspension of liquor licence 807661 commencing at 11:00 a.m. on January 4, 2009 and continuing until 2:00 a.m. on January 21, 2009:
The following the conditions shall be attached to liquor licence 807661:
a) The Licensee shall have at least one video surveillance camera located inside the establishment for each entrance and exit used by patrons, which shall clearly show all patrons entering and exiting the establishment. Each camera shall record at all times when any person is inside the establishment.
b) All recordings from every video surveillance camera shall be retained for at least thirty (30) days. The Licensee shall permit all liquor inspectors and police officers to view any such recording immediately upon request. Upon request from any liquor inspector or police officer, the Licensee shall provide a reviewable copy of any video surveillance recording as soon as possible, and no later than five (5) days after the person in charge of the establishment has been requested to provide the copy.
c) The Licensee shall post a prominent notice at each entrance and exit used by patrons, advising patrons that they are subject to video surveillance inside the establishment.
Respectfully submitted this 21st day of October, 2008.
1361292 ONTARIO INC.
per_____________________________ ______________________________
Gordon O’Connor, President Joyce A. Taylor
“I have authority to bind the Corporation” Counsel for the Registrar
Ainslie Dunstone
Representative of the Corporate Licensee