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-
1519870 Ontario Inc. O/A Red House Bar & Grill Licensee
DECISION
Panel: Allan Higdon, Board Member Beryl Ford, Board Member
Decision Date: June 19, 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 1519870 Ontario Inc., Licensee: John Au, Representative
[1]. A hearing into Notice of Proposal number 16049 dated February 20, 2008 to suspend liquor licence number 200018 issued to 1519870 Ontario Inc. operating as RED HOUSE BAR & GRILL, 1085 O’Connor Drive, East York, Ontario, M4B 2T5, on the basis of alleged violations of section 29 of the Liquor Licence Act (“LLA”) and subsections 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on May 26, 2008, in the City of Toronto.
[2]. Phillip Morris, Registrar’s Representative, and John Au, 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 September 8, 2007, there were 2 drunken 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 1519870 Ontario Inc. operating as RED HOUSE BAR & GRILL, 1085 O’Connor Drive, East York, Ontario, M4B 2T5, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on August 16, 2008, and CONTINUE until 2:00 a.m. on August 26, 2008.
DATED AT TORONTO THIS 19th DAY OF JUNE, 2008.
ALLAN HIGDON, BOARD MEMBER BERYL FORD, BOARD MEMBER
AH/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 1519870 ONTARIO INC. OPERATING AS RED HOUSE BAR & GRILL, 1085 O’CONNOR DR., EAST YORK LICENCE NO. 200018
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED 20TH 2008
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On Sept. 8, 2007, there were 2 drunken patrons in the licensed premises.
Based on paragraph 1, the licensee breached s. 45(1) of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission.
The licensee was previously suspended for 18 days in 2003 and 7 days in 2006 in part for similar breaches.
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. 200018 for a period of 10 days.
The Board having accepted the Agreed Statement of Facts and the Joint Submissions on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 26TH DAY OF MAY, 2008.
RESPECTFULLY SUBMITTED,
Nie (Ken) Kin Leung for licensee
Phillip Morris Registrar’s Counsel