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-
2128290 Ontario Inc. O/A Humphreys on Bank
Licensee
DECISION
Panel: David C. Gavsie, Chair, AGCO Joan Lougheed, Board Member
Decision Date: February 2, 2009
Hearing Location: Ottawa, 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 2128290 Ontario Inc., Licensee ) Ainslie Dunstone, Representative
1A hearing into Notice of Proposal (“NOP”) number 16541 dated August 1, 2008 and NOP number 16942 dated December 23, 2008, to suspend liquor licence number 24237 (the “Licence”) issued to 2128290 Ontario Inc. (the “Licensee”) operating as HUMPHREYS ON BANK, 683 Bank Street, Ottawa, Ontario, K1S 3T8 (the “premises” or “establishment”), on the basis of alleged violations of sections 45.1 and 46 and subsection 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”) and a breach of a condition on the Licence and a breach of conditions on the temporary licence extension was held on January 23, 2009 in the City of Ottawa.
2Joyce Taylor, Registrar’s Representative, and Ainslie Dunstone, 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 May 20 and May 24, 2008 local residents were disturbed by noise from the licensee’s outdoor licensed area. On September 5, 2008, a liquor inspector visited the licensed premises and found that the licensee was drunk in the licensed premises.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached section 46 and 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 24237 issued to 2128290 Ontario Inc. operating as HUMPHREYS ON BANK, 683 Bank Street, Ottawa, Ontario, K1S 3T8, be SUSPENDED for TWELVE (12) consecutive days to COMMENCE at 11:00 a.m. on February 28, 2009, and CONTINUE until 2:00 a.m. on March 12, 2009.
Further, the Board ORDERS the following conditions be attached to the Licence:
a) Liquor licence number 24237 shall not be eligible for any temporary extensions.
b) The Licensee shall ensure that all garbage from the establishment is contained in industrial waste containers.
DATED AT TORONTO THIS 2nd DAY OF FEBRUARY, 2009.
DAVID C. GAVSIE, CHAIR, AGCO JOAN LOUGHEED, BOARD MEMBER
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, c.L.19, s 13(1)(b) 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF 2128290 ONTARIO INC., OPERATING AS HUMPHREYS ON BANK, 683 BANK ST., OTTAWA, LICENCE NO. 24237, NOPs NO. 16541 & 16942
AGREED STATEMENT OF FACTS
The Licensee who has been advised by his legal representative, agrees with Registrar’s counsel to the following facts in relation to the Notices of Proposal to Suspend a Licence dated August 1, 2008 and December 23, 2008.
On May 20 and May 24, 2008 local residents were disturbed by noise from the licensee’s outdoor licensed area. On September 5, 2008, a liquor inspector visited the licensed premises and found that the licensee was drunk in the licensed premises.
Based on the above-mentioned facts, the licensee admits to having breached sections 45(1) and 46 of Ontario Revised Regulation 719/90 as amended and enacted pursuant to the Liquor Licence Act.
The licensee agreed to conditions to control noise which were implemented at the beginning of July 2008, has agreed to implement further measures and further conditions in order to respond to residents’ concerns.
JOINT SUBMISSION ON DISPOSITION
Whereas the licensee has served a three (3) day suspension for breaching section 46 of R.R.O. 719/90 (noise from outdoor licensed area), in 2008.
The Licensee who has been advised by his legal representative and Registrar’s counsel jointly submit that the following disposition is appropriate in the circumstances:
There shall be a twelve (12) day suspension of liquor licence 24237 to be commencing at 11:00 a.m. on February 28, 2009 to March 12, 2009 at 2:00 a.m.
The following conditions shall be added to the conditions currently attached to liquor licence 24237:
(a) Liquor licence 24237 shall not be eligible for any temporary extensions.
(b) The licensee shall ensure that all garbage from the establishment is contained in industrial waste containers.
- Should the Board accept this Agreed Statement of Facts and order the Joint Submissions on Disposition as set out herein, the Registrar shall withdraw all remaining allegations as set out in the Notices of Proposal 16541 and 16942.
Respectfully submitted this 22nd day of January 2009.
2128290 Ontario Inc.
Jeraud Humphreys Joyce A. Taylor “I have authority to bind the Corporation.” Counsel for the Registrar
Ainslie Dunstone Licensee’s Representative