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-
1499444 Ontario Ltd. O/A Longlac Pizzeria & Steak House Restaurant
Licensee
DECISION
Panel: David C. Gavsie, Chair, AGCO
Decision Date: March 13, 2009
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 1499444 Ontario Ltd., Licensee ) Marie-Eve Couture, Representative
1A hearing into Notice of Proposal number 16762 dated October 24, 2008, to suspend liquor licence number 21705 issued to 1499444 Ontario Ltd., (the “Licensee”), operating as LONGLAC PIZZERIA & STEAK HOUSE RESTAURANT, 113 Forestry Road, Longlac, Ontario, P0T 2A0, (the “establishment”), on the basis of alleged violations of section 29 and subsection 30.1(1) of the Liquor Licence Act (“LLA”) and subsections 35(1) and 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held by teleconference on March 4, 2009 in the City of Toronto.
2Joyce Taylor, Registrar’s Representative, and Marie-Eve Couture, 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 January 13, 2008, two patrons, husband and wife, visited the Licensee’s establishment and consumed beer there. The husband drank at least four bottles of beer and the wife consumed at least one beer while in the establishment. After leaving the establishment, the patrons were involved in a single motor vehicle accident that killed both patrons. The blood alcohol concentration of the husband, when he died, was 236 mg alcohol per 100 ml blood and the blood alcohol concentration of the wife, when she died, was 264 mg alcohol per 100 ml blood.
On February 3, 2008, a liquor inspector and police officer visited the licensed premises and found three intoxicated patrons in the establishment. All three patrons continued to be served liquor despite showing strong signs of intoxication.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 of the LLA 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 liquor licence number 21705 issued to 1499444 Ontario Ltd., operating as LONGLAC PIZZERIA & STEAK HOUSE RESTAURANT, 113 Forestry Road, Longlac, Ontario, P0T 2A0, be SUSPENDED for THIRTY-FIVE (35) consecutive days to COMMENCE at 11:00 a.m. on March 28, 2009, and CONTINUE until 2:00 a.m. on May 2, 2009.
DATED AT TORONTO THIS 13th DAY OF March , 2009.
DAVID C. GAVSIE, CHAIR, AGCO
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
1499444 ONTARIO LTD. OPERATING AS LONGLAC PIZZERIA & STEAK HOUSE RESTAURANT 113 FORESTRY ROAD, LONGLAC - LICENCE NO. 21705
NOTICE OF PROPOSAL NUMBER 16762
The Licence Holder, who has been advised by counsel and Registrar’s counsel agree, solely for the purpose of resolving the Deputy Registrar’s proposal to suspend the Licensee’s liquor licence pursuant to Notice of Proposal number 16762, to the following facts:
On January 13, 2008, two patrons, husband and wife, visited the Licensee’s establishment and consumed beer there. The husband drank at least four bottles of beer and the wife consumed at least one beer while in the establishment. After leaving the establishment, the patrons were involved in a single motor vehicle accident that killed both patrons. The blood alcohol concentration of the husband, when he died, was 236 mg alcohol per 100 ml blood and the blood alcohol concentration of the wife, when she died, was 264 mg alcohol per 100 ml blood.
On February 3, 2008, a liquor inspector and police officer visited the licenses premises and found three intoxicated patrons in the establishment. All three patrons continued to be served liquor despite showing strong signs of intoxication.
Based on the above-mentioned facts, the Licensee admits, solely for the purpose of resolving the Deputy Registrar’s Notice of Proposal number 16762, to having breached s. 4591) of O.Reg. 719/90 and s. 29 of the Liquor Licence Act.
The Licensee has since dismissed the employee who served the intoxicated patrons on February 3, 2008.
2
JOINT SUBMISSION ON DISPOSITION
Whereas this Licensee has no prior adverse record before the Board:
The Licensee, who has been advised by counsel, and Registrar’s counsel jointly submit that the following disposition is appropriate in these circumstances:
A thirty-five (35) day suspension of liquor licence 21705, which shall be served on dates to be provided to the Manager of Hearings Section of the Alcohol and Gaming Commission of Ontario, 90 Sheppard Avenue E., 3rd Floor, Toronto, Ontario, M2N 0A4 within seven days of today’s date, failing which the Board shall set the dates of the suspension without further notice to the Licensee. The suspension cannot commence for at least twenty (20) following notification and the majority of the suspension must be completed within ninety (90) days of today’s date.
Should the Board make the findings set out in the Agreed Statement of Facts and order the disposition as set out above, the Registrar shall withdraw all remaining allegations as set out above, the Registrar shall withdraw all remaining allegations set out in Notice of Proposal number 16762.
Respectfully submitted this 3rd day of March, 2009.
14499444 Ontario Ltd.
Mario Boisvert Joyce A. Taylor
“I have authority to bind the Corporation” Counsel for the Registrar
Marie-Eve L. Couture
Counsel for the Licensee