Registrar, Alcohol and Gaming Commission of Ontario v. 2133048 Ontario Ltd., 2008 CanLII 91891

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-

2133048 Ontario Ltd. operating as Rockhouse Licensee

DECISION

Panel: David C. Gavsie, Chair, AGCO Alex McCauley, Board Member

Decision Date: December 11, 2008

Hearing Location: Thunder Bay, Ontario

Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone: (416) 326-0366 Fax: (416) 326-5566 Toll Free In Ontario: 1-800-522-2876 Website: www.agco.on.ca

Appearances

Registrar, Alcohol and Gaming Commission ) Phillip Morris, Representative 2133048 Ontario Ltd., Licensee ) Tony David DiPaolo

The Application

1The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued a Notice of Proposal (“NOP”) number 16092 dated March 7, 2008 and an Amended Notice of Proposal number 16126 dated March 18, 2008 to refuse to remove conditions from liquor licence number 21407 issued to 2133048 Ontario Ltd. (the “Licensee”) operating as ROCKHOUSE (formerly known as Cavern (The)), 201 Syndicate Avenue South, Thunder Bay, Ontario, P7E 1E1 (the “Premises”). A hearing of the Application was held on July 22 and December 3, 2008 in the City of Thunder Bay.

Preliminary Matters

2Tony David DiPaolo is the officer, director and owner of the Licensee. He appeared on behalf of the Corporation and waived the right to be represented by a barrister and solicitor or a licensed representative.

3Registrar’s representative and the Licensee advised the Board that they had reached an agreement and submitted Minutes of Settlement (Exhibit 1), which state:

1. The Licensee withdraws his request to remove conditions 1, 4 and 5.
2. Condition number 3 shall be removed.
3. Condition 2 shall be amended to read as follows:

“The Licensee shall not sell or serve liquor or permit liquor to be consumed in the licensed premises while persons under 19 years of age (other than employees in the course of their employment) are in the licensed premises.”

Order

4The Board accepted the submission, and therefore Based on the Minutes of Settlement, the Board ORDERS that liquor licence number 21407 issued to 2133048 Ontario Ltd. operating as ROCKHOUSE, 201 Syndicate Avenue South, Thunder Bay , Ontario, P7E 1E1 shall have the following conditions attached:

1. The doors shall remain unlocked until 3:00 a.m. or if patrons remain on the premises after 3:00 a.m.
2. The licensee shall not sell or serve liquor or permit liquor to be consumed in the licensed premises while persons under 19 years of age are in the licensed premises. This condition does not apply to employees in the lawful course of their employment.
3. The licensee shall install a security camera at the front of the establishment. This camera shall record onto videotape to be retained by the licensee for 7 days.
4. The licensee shall sign an authorization to the Thunder Bay Police Service to act as its agent with respect to the Trespass to Property Act.

DATED AT TORONTO THIS 11th DAY OF DECEMBER, 2008.

DAVID C. GAVSIE, CHAIR, AGCO ALEX MCCAULEY, BOARD MEMBER

In the Matter of The Cavern Liquor Licence No. 21407 Notice of Proposal No. 16126

Minutes of Settlement

The licensee, having been advised of his right to counsel, and having waived that right, and the Registrar agree as follows:

1. The licensee withdraws his request to remove conditions nos. 1, 4 and 5.
2. Condition no. 3 shall be removed.
3. Condition no. 2 shall be amended as follows:

“The licensee shall not sell or serve liquor or permit liquor to be consumed in the licensed premises while persons under 19 years of age (other than employees in the course of their employment) are in the licensed premises.”