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-
Serbian Community Centre of Windsor Incorporated O/A Serbian Community Centre Licensee
DECISION
Panel: David C. Gavsie, Chair, AGCO Decision Date: October 1, 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: Richard Kulis, Representative Serbian Community Centre of Windsor Incorporated, Licensee: Adam Vassos, Representative
1A hearing into Notice of Proposal number 16244 dated May 1, 2008, to suspend liquor licence number 40935 issued to Serbian Community Centre of Windsor Incorporated (the “Licensee”), operating as SERBIAN COMMUNITY CENTRE, 6770 Tecumseh Road East, Windsor, Ontario, N8T 1E6, on the basis of alleged violations of subsections 30(2) and 30(4) of the Liquor Licence Act (LLA) and subsections 41(1) and 45(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA, was held by teleconference on September 26, 2008.
2Richard Kulis, Registrar’s Representative, and Adam Vassos, 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 17, 2007, a drunken patron assaulted a police officer. Other patrons in the licensed premises were also disorderly by shouting at police during the arrest of the assailant.
3Based 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 allegations.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence number 40935 issued to Serbian Community Centre of Windsor Incorporated, operating as SERBIAN COMMUNITY CENTRE, 6770 Tecumseh Road East, Windsor, Ontario, N8T 1E6, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on January 2, 2009, and CONTINUE until 2:00 a.m. on January 16, 2009.
DATED AT TORONTO THIS 1st DAY OF October, 2008.
DAVID C. GAVSIE, CHAIR, AGCO
DCG/ee
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, chapter L. 19, subsections 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF SERBIAN COMMUNITY CENTRE OF WINDSOR INCORPORATED OPERATING AS SERBIAN COMMUNITY CENTRE, 6770 TECUMSEH ROAD EAST, WINDSOR LICENCE NUMBER 40935
NOTICE OF PROPOSAL NUMBER 16244
Agreed Statement of Facts
The Licensee Holder, having consulted legal counsel, and the Registrar’s representative agree to the following:
On November 17, 2007 a drunken patron assaulted a police officer. Other patrons in the licensed premises were also disorderly by shouting at police during the arrest of the assailant.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 45(1) (permit drunkenness and disorderly conduct) of Ontario Revised Regulation 719/90 under the Liquor Licence Act
The licence holder has no prior adverse record with the Commission.
Joint Submission Regarding Disposition
The Licensee Holder, having consulted with legal counsel, and the Registrar’s representative submit that the following disposition is appropriate in these circumstances:
A fourteen (14) day suspension of the liquor licence.
Should the Board members make the finding as agreed to and impose the disposition as recommended then Registrar’s counsel will withdraw the remaining allegations in the Notice of Proposal of May 1, 2008.
Respectfully submitted this 25 day of September, 2008.
for the licence holder Richard E. Kulis, for the Registrar of the AGCO