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-
Whitewater & Wild Land Tours Ltd. O/A Rafters Restaurant
Licensee
DECISION
Panel: Guy Maurice, Board Member
Decision Date: July 8, 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 ) Phillip Morris, Representative
Whitewater & Wild Land Tours Ltd., Licensee ) Eric Appotive, Representative
[1]. A teleconference hearing into Notice of Proposal number 16067 dated February 26, 2008, to suspend liquor licence number 25938 issued to Whitewater & Wild Land Tours Inc. operating as RAFTERS RESTAURANT, Concession 10, Ross Township, Box 89, Beachburg, Ontario, K0J 1C0, on the basis of alleged violations of subsections 33(1) and 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”) was held on June 30, 2008, in the City of Toronto.
[2]. Phillip Morris, Registrar’s Representative, and Eric Appotive, 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 18, 2007, there were 5 intoxicated patrons in the licensed premises.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegation.
Order
[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Whitewater & Wild Land Tours Inc. operating as RAFTERS RESTAURANT, Concession 10, Ross Township, Box 89, Beachburg, Ontario, K0J 1C0, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on August 25, 2008, and CONTINUE until 2:00 a.m. on September 4, 2008.
DATED AT TORONTO THIS 8^th^ DAY OF JULY, 2008.
GUY MAURICE, BOARD MEMBER
GM/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 WHITE WATER & WILD LAND TOURS LTD. OPERATING AS
RAFTERS RESTAURANT, CONCESSION 10, ROSS TOWNSHIP, BEACHBURG
LICENCE NO. 25938
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED FEBRUARY 26, 2008
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On August 18, 2007, there were 5 intoxicated patrons in the licensed premises.
Based on paragraph 1, the licensee breached s. 45(1) of Ont. Reg. 719/90 by permitting drunkenness to occur in the licensed premises or in the areas under the control of the licensee.
The licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
JOINT SUBMISSIONS ON DISPOSITION
The licensee, after consultation with counsel, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 25938 for a period of 10 days commencing at 11:00 a.m. on Monday August 25, 2008 and ending at 2:00 a.m. on Thursday September 4, 2008.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 17^TH^ DAY OF JUNE, 2008.
RESPECTFULLY SUBMITTED,
Joseph Edward Kowalski Phillip Morris
for Registrar’s Counsel
licensee