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-
Black Bull Pub and Eatery Ltd. O/A Black Bull Pub and Eatery Ltd.
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair
Decision Date: , 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 ) Joyce Taylor, Representative
Black Bull Pub and Eatery Ltd., Licensee ) Adam Vassos, Representative
A hearing into Notice of Proposal number 16188 (the "NOP") dated April 10, 2008, to suspend liquor licence number 91310 issued to Black Bull Pub and Eatery Ltd., (the "Licensee"), operating as BLACK BULL PUB AND EATERY LTD., 62 Queen Street North, Bolton, Ontario, L7E 1B9, (the "establishment"), on the basis of alleged violations of subsection 45(1) and section 45.1 (cited in error in the NOP as subsection 45.1 of the Liquor Licence Act), of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act, was held by teleconference on October 23, 2008, in the City of Toronto.
Joyce Taylor, 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 August 12, 2007, at approximately 12:03 a.m., Ontario Provincial Police Officers attended the establishment in response to a call for service reporting patrons fighting. Upon arriving at the establishment, officers observed several drunken patrons standing outside the establishment arguing.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) and section 45.1 of the O.Reg.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 91310 issued to Black Bull Pub and Eatery Ltd., (the "Licensee"), operating as BLACK BULL PUB AND EATERY LTD., 62 Queen Street North, Bolton, Ontario, L7E 1B9, be SUSPENDED for NINE (9) consecutive days to COMMENCE at 11:00 a.m. on January 5, 2009, and CONTINUE until 2:00 a.m. on January 14, 2009.
DATED AT TORONTO THIS 28th DAY OF October , 2008.
PATRICIA MCQUAID, VICE-CHAIR
PM/ee
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 BLACK
BULL PUB AND EATERY LTD. OPERATING AS BLACK BULL
PUB AND EATERY LTD., 62 QUEEN STREET NORTH,
BOLTON
LICENCE NO. 91310
AND IN THE MATTER OF A NOTICE OF PROPOSAL NO.
16188, ISSUED APRIL 10, 2008
The licensee, after having consulted with Counsel, and the Registrar's Representative agree to the following facts:
On August 12, 2007, at approximately 12:03 a.m., Ontario Provincial Police Officers attended the establishment in response to a call for service reporting patrons fighting. Upon arriving at the establishment, officers observed several drunken patrons standing outside the establishment arguing.
Based on the above mentioned facts the licensee admits to having breached section 45(1) of Ontario Regulation 719/90 by permitting drunkenness to occur on the licensed premises.
Based on the above mentioned facts the licensee admits to having breached section 45.1 of Ontario Regulation 719/90 by failing to ensure that reasonable measures are in place and reasonable efforts are made to deter disorderly conduct on property adjacent to and in the vicinity of the premises.
The licensee has shown remorse and has cooperated with the Commission. He has taken steps to ensure that such activity does not re-occur, including replacing his entire security staff.
The licensee has served a prior suspension of 14 days in April 2004 for violations of Sections 43 and 45(1) of Ontario Regulation 719/90.
page 2
JOINT SUBMISSIONS ON DISPOSITION
The licensee, after having consulted with Counsel and Registrar's Representative jointly submit that the following disposition is appropriate in these circumstances as a matter of specific and general deterrence:
- There shall be a nine (9) day suspension of liquor licence number 91310 to be served on dates to be provided, in writing, to the Manager of the Hearing Section of the Alcohol and Gaming Commission of Ontario, 90 Sheppard Ave. E., Suite 200, Toronto, Ontario, M2N 0A4, fax (416) 326-5566, within the next seven (7) days. Should the licensee fail to provide suspension dates to the Board, the Board shall set the dates for the suspensions without further consultation with the licensee. The suspension cannot commence for at least fourteen (14) days following notification must be completed within ninety (90) days of today's date.
DATED AT TORONTO, THIS 20TH DAY OF OCTOBER, 2008.
RESPECTFULLY SUBMITTED,
Barry Hughes Daniel Alakas
Licence Holder Registrar's Counsel
"I have the authority to bind the corporate Licensee"