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-
Ruby Elizabeth Gabris O/A Homer’s Sports Pub
Licensee
DECISION
Panel: Guy Maurice, Board Member
Decision Date: January 22, 2009
Hearing Location: London, 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 ) Phillip Morris, Representative
Ruby Elizabeth Gabris, Licensee ) On her own behalf
A hearing into Notice of Proposal (“NOP”) number 16564 dated August 14, 2008 to suspend a licence, NOP number 16778 dated October 29, 2008 and Amended NOP number 16858 dated November 24, 2008, to revoke liquor licence number 812320 issued to Ruby Elizabeth Gabris, (the “Licensee”), operating as HOMER’S SPORTS PUB, 514 Dundas Street, Woodstock, Ontario, N4S 1C6, (the “establishment”), on the basis of an alleged breach of a condition on the licence and an alleged violation of section 43 of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act, was held on January 13, 2009, in the City of London.
Ruby Elizabeth Gabris is the owner of the establishment and the Licensee. She appeared on her own behalf and waived the right to legal representation.
Phillip Morris, 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:
On February 16 and June 29, 2008, the Licensee breached a condition on the licence by permitting Michael Bosher to operate karaoke. There were 43 persons in the premises licensed for 30 persons.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached a condition on its licence that Mr. Bosher shall not be involved in any way in the ownership or operation of the licensed establishment and not permitted in the licensed establishment, and violated section 43 of the O.Reg. The Board accepted the withdrawal of the remaining allegations.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence number 812320 issued to Ruby Elizabeth Gabris operating as HOMER’S SPORTS PUB, 514 Dundas Street, Woodstock, Ontario, N4S 1C6, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on February 2, 2009, and CONTINUE until 2:00 a.m. on February 16, 2009.
DATED AT TORONTO THIS 22nd DAY OF January , 2009.
GUY MAURICE, BOARD MEMBER
Attached
AND IN THE MATTER OF THE LIQUOR LICENCE OF
RUBY GABRIS OPERATING AS HOMER’S PUB
AND IN THE MATTER OF LIQUOR LICENCE
NO. 812320
AND IN THE MATTER OF A NOTICE OF PROPOSAL
ISSUED AUGUST 14, 2008 (#16564)
AND A NOTICE OF PROPOSAL AMENDED
NOV. 24, 2008 (#16778)
Agreed Statement of Fact
The Registrar, and the licensee (having been advised of the right to counsel and waived that right) agree as follows:
On Feb 16, 2008 and June 29, 2008, the licensee breached a condition on the licence by permitting Michael Bosher to operate karaoke. There were 43 persons in the premises licensed for 30 persons.
Based on paragraph 1, the licensee breached a condition on its licence that Mr. Bosher shall not be involved in any way in the ownership or operation of the licensed establishment and not permitted in the licensed establishment, and s. 43 of Ont. Reg. 719/90.
The licensee has shown remorse and cooperated with the Commission.
The licensee has previously suspended for 7 days for a similar breach.
The licensee has applied to amend the condition and has been warned not to permit Mr. Bosher in the premises while the application is being processed.
Joint Submissions on Disposition
The licensee, having been advised of the right to counsel and waived that right, and the Registrar submit that the following disposition is appropriate as a matter f specific and general deterrence:
(1) The Board shall suspend licence no. 812320 for a period of 14 days commencing Feb 2 2009 at 11:00 am and ending at 2 am on Feb 16, 2009.
(2) The Board having accepted the Agreed Facts and Joint Submission, the Registrar withdraws all remaining allegations in the Notices of Proposal.
Dated a London this 13th day of January 2009.
Ruby Gabris Phillip Morris
Licensee Registrar’s Counsel