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-
1019420 Ontario Inc. O/A Blue Lagoon (The)
Licensee
DECISION
Panel: Beryl Ford, Board Member S. Grace Kerr, Board Member
Decision Date: November 6, 2008
Hearing Location: Niagara Falls, 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 ) Daniel Alakas, Representative
1019420 Ontario Inc., Licensee ) Miroslav Gutalj
A hearing into Notice of Proposal number 16467 dated July 16, 2008 to suspend liquor license number 802595 issued to 1019420 Ontario Inc. operating as BLUE LAGOON (THE), 6769 Lundy’s Lane, Unit 1, Niagara Falls, Ontario, L2G 1V4, on the basis of alleged violations of section 29 and subsection 25(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”) was held on October 31, 2008 in the City of Niagara Falls.
Miroslav Gutalj is the director, officer and owner of the Licensee. He appeared on behalf of the Corporation and waived the right to legal representation.
Daniel Alakas, Registrar’s Representative, and the Licensee 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:
i. On March 14^th^ 2008, at approximately 3:20 a.m. liquor inspectors observed cold bottles of beer and other alcoholic beverages on a bar ledge next to several patrons playing pool.
ii. On April 4^th^ 2008, at approximately 2:56 a.m., liquor inspectors observed two patrons in the establishment still in possession of alcohol; one patron had a bottle of beer, the other a mixed drink.
Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 and subsection 25(1) of the O.Reg.
The Licensee was asked to propose, and has proposed suspension dates which are acceptable to the Registrar as well as the Board.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1019420 Ontario Inc. operating as BLUE LAGOON (THE), 6769 Lundy’s Lane, Unit 1, Niagara Falls, Ontario, L2G 1V4, licence number 802595, be SUSPENDED for SIX (6) consecutive days and that the suspension will COMMENCE at 11:00 a.m. on January 5, 2009 and continue until 2:00 a.m. on January 11, 2009.
DATED AT TORONTO THIS 6^th^ DAY OF NOVEMBER, 2008.
BERYL FORD, BOARD MEMBER S. GRACE KERR, BOARD MEMBER
SGK/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 1019420 ONTARIO INC. OPERATING AS BLUE LAGOON (THE) 6769 LUNDY’S LANE, UNIT 1, NIAGARA FALLS LICENCE NO. 802595
AND IN THE MATTER OF NOTICE OF PROPOSAL NO. 16467 ISSUED JULY 16, 2008
AGREED STATEMENT OF FACTS
The licensee, after having been advised of his right to consult with counsel and having waived that right and the Registrar agree to the following facts:
On March 14^th^ 2008, at approximately 3:20 a.m. liquor inspectors observed cold bottles of beer and other alcoholic beverages on a bar ledge next to several patrons playing pool
Based on the aforementioned facts, the licensee admits to having breached Section 29 of Ontario Regulation 719/90 by failing to clear the sighs of service and consumption in the licensed premises within 45 minutes after the end of the period during which liquor may be sold and served under the licence.
Based on the aforementioned facts, the licensee admits to having breached Section 25(1) of Ontario Regulation 719/90 by allowing liquor to be sold and served in the licensed establishment outside of prescribed hours.
On April 4^th^ 2008, at approximately 2:56 a.m., liquor inspectors observed two patrons in the establishment still in possession of alcohol; one patron had a bottle of beer, the other a mixed drink.
Based on the aforementioned facts the licensee admits to having breached Section 29 of Ontario Regulation 719/90 by failing to clear the signs of service and consumption in the licensed premises within 45 minutes after the end of the period during which liquor may be sold and served under the licence.
The Licensee has demonstrated remorse and has taken action to ensure that such problems do not occur in the future.
JOINT SUBMISSION ON DISPOSITION
The licensee after having been advised of the right to consult with counsel and having waived that right and the Registrar’s representative jointly submit that the following disposition is appropriate in the circumstances:
- There shall be a six (6) day suspension of liquor licence number 802595 to be served on dates to be provided, in writing, to the Manager of the Hearings Section of the Alcohol and Gaming Commission of Ontario, 90 Sheppard Ave. E., Suite 200, Toronto, ON, M2N 1A4, 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 twenty (20) days following notification and must be completed within ninety (90) days of today’s date.
DATED AT NIAGARA FALLS, THIS 31^ST^ DAY OF OCTOBER, 2008
RESPECTFULLY SUBMITTED,
Miroslav GUTALJ Daniel ALAKAS
“I have authority to bind the corporate licensee” Registrar’s Representative