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-
Ottervalley Optimist Club
Applicant
DECISION
Panel: David C. Gavsie, Chair, AGCO
Alex McCauley, Board Member
Decision Date: June 16, 2008
Hearing Location: London, 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 ) Brad Alton, Representative
Ottervalley Optimist Club, Applicant ) John Mann, Optimist
[1]. The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 16259 dated May 7, 2008, to refuse to issue further Special Occasion Permits to the OTTERVALLEY OPTIMIST CLUB (the “Applicant”), Box 182, Port Burwell, Ontario, N0J 1T0, organization number 55389. The NOP alleges violations of clause 6(2)(f) of Liquor Licence Act (“LLA”) and section 32 and subsection 26(2) of Ontario Regulation 389/91. A hearing of the Application was held on October 11, 2007 in the City of London.
[2]. John Mann is a member of the Ottervalley Optimist Club. He appeared on behalf of the Ottervalley Optimist Club and waived the right to legal representation.
[3]. Brad Alton, Registrar’s Representative, and Mr. Mann submitted a Joint Submission on Disposition (Exhibit #1) which forms part of this decision.
Order
[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the Special Occasion Permit application be APPROVED and issued to OTTERVALLEY OPTIMIST CLUB, Box 182, Port Burwell, Ontario, N0J 1T0, organization number 55389.
[5]. Further, the Board ORDERS that the following conditions be imposed on all future Special Occasion Permits issued to the Ottervalley Optimist Club:
The liquor service bar shall close at 10:00 p.m. on Friday, Saturday and Sunday nights.
All entertainment provided in the licensed area, whether live or recorded, shall cease at 10:00 p.m. on Friday, Saturday and Sunday nights.
There shall be a minimum of ten (10) visibly identifiable, paid security on duty from 7:00 p.m. until 11:00 p.m., on Saturday and Sunday nights. These security personnel shall be hired from a third party, bonded and insured security firm.
Patrons shall not be permitted to purchase more than two alcoholic drinks at any one time.
DATED AT TORONTO THIS 16th DAY OF June , 2008.
ALEX MCCAULEY, BOARD MEMBER DAVID C. GAVSIE, CHAIR, AGCO
AM/ee
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, chapter L.19, subsections 19(4) AND 21(2)
AND IN THE MATTER OF A SPECIAL OCCASION PERMIT
OF OTTERVALLEY OPTIMIST CLUB,
BOX 182, PORT BURWELL,
NOTICE OF PROPOSAL NUMBER 16259
Joint Submission Regarding Disposition
The Applicant/Licence Holder and Registrar’s Counsel agree that the following disposition is appropriate in these circumstances:
The Applicant/Licence Holder agrees that all future Special Occasion Permit(s) issued to the Ottervalley Optimist Club, shall be subject to the following conditions:
The liquor service bar shall close at 10:00 p.m. on Friday, Saturday and Sunday nights.
All entertainment provided in the licensed area, whether live or recorded, shall cease at 10:00 p.m. on Friday, Saturday and Sunday nights.
There shall be a minimum of ten (10) visibly identifiable, paid security on duty from 7:00 p.m. until 11:00 p.m., on Saturday and Sunday nights. These security personnel shall be hired from a third party, bonded and insured security firm.
Patrons shall not be permitted to purchase more than two alcoholic drinks at any one time.
Dated at London this 4th day of June, 2008.
John Mann Brad Alton, Counsel for the “I have authority to bind the applicant/licence holder” Registrar of the AGCO
Kevin Baker
“I have authority to bind the applicant/licence holder”
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