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-
The Board of Governors of Exhibition Place (The) O/A BMO Field
Licensee
DECISION
Panel: Guy Maurice , Board Member
Decision Date: April 22, 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 The Board of Governers of Exhibition Place (The), ) David Lederman, Representative Licensee )
A hearing into Notice of Proposal number 16700 dated October 7, 2008 to suspend liquor licence number 812542 (the “Licence”) issued to The Board of Governors of Exhibition Place (The) (the “Licensee”) operating as BMO FIELD, 170 Princes Boulevard, Toronto, Ontario, M6K 3C3 (the “premises”), on the basis of alleged violations of subsection 30(4) of the Liquor Licence Act (“LLA”) and subsection 41(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on April 17, 2009 in the City of Toronto.
Joyce Taylor, Registrar’s Representative, and David Lederman, 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 17, 2008, liquor inspectors and police officers visited the licensed premises and found several minors consuming liquor in the premises. On May 21, 2008 liquor inspectors and a police officer found another minor consuming liquor on the Licensee’s premises.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30(4) of the LLA. The Board accepted the withdrawal of the remaining allegation.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to The Board of Governors of Exhibition Place (The) operating as BMO FIELD, 170 Princes Boulevard, Toronto, Ontario, M6K 3C3, be SUSPENDED for ONE (1) professional soccer event on May 30, 2009. Should that event not take place as described above, the one event suspension shall take place on a date scheduled for one Toronto FC home game at the Licensee’s premises between May 30, 2009 and September 8, 2009, such alternative event to take place on a Saturday or Sunday, and the Licensee shall provide notice of any request for the change, including the reasons for the requested change to the Board and the Registrar as soon as possible and no later than May 29, 2009. The alternative event shall not take place for at least three weeks following the Licensee’s request for the change.
DATED AT TORONTO THIS 22^nd^ DAY OF APRIL, 2009.
GUY MAURICE, BOARD MEMBER
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 THE BOARD OF GOVERNORS OF EXHIBITION PLACE
OPERATING AS BMO FIELD
170 PRINCES BLVD., TORONTO
LICENCE NUMBER: 812542
NOTICE OF PROPOSAL: 16700
AGREED STATEMENT OF FACTS
The Licensee who has been advised by counsel and Registrar’s counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated October 7, 2008.
On May 17, 2008, liquor inspectors and police officers visited the licensed premises and found several minors consuming liquor in the premises. On May 21, 2008 liquor inspectors and a police officer found another minor consuming liquor on the Licensee’s premises.
Based on the above-mentioned facts, the Licensee admits to having breached section 30(4) of the Liquor Licence Act.
2
JOINT SUBMISSION ON DISPOSITION
Whereas this Licensee was previously suspended in May 2005 for breaching section 45(1) (permitting disorderly conduct) of Ontario Revised Regulation 719/90 with respect to its establishment operated under liquor licence 35012 (Exhibition Place), but has no adverse record respecting liquor licence 812542 (BMO Field),
The Licensee who has been advised by counsel and Registrar’s counsel jointly submit that the following disposition is appropriate in the circumstances:
A suspension of one (1) professional soccer event. The Licensee and the Registrar consent to having this suspension take place on May 30, 2009 for the professional soccer event scheduled between two of the following four Portuguese teams from the Portuguese Liga (Liga Sagres) and the Liga de Honra (Liga Vitalis) professional soccer leagues: SL Benfica, C.D. Santa Clara, Sporting CP or SC Braga. Should that event not take place as described above, the one event suspension shall take place on a date scheduled for one Toronto FC home game at the Licensee’s premises between May 30, 2009 and September 8, 2009, such alternative event to take place on a Saturday or Sunday, and the Licensee shall provide notice of any request for the change, including the reasons for the requested change to the Board and the Registrar as soon as possible and no later than May 29, 2009. The alternative event shall not take place for at least three weeks following the Licensee’s request for the change.
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 set out in Notice of Proposal number 16700.
Respectfully submitted this day of April, 2009.
THE BOARD OF GOVERNORS OF EXHIBITION PLACE
Dianne Young Joyce A. Taylor, for the Registrar “I have authority to bind Counsel for the Registrar the Corporation.”
David E. Lederman Counsel for the Licensee