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-
3761061 Canada Limited O/A Barefax Licensee
Decision
Panel: Joan Lougheed, Board Member Alex McCauley, Board Member
Decision Date: June 9, 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 ) Richard Kulis, Representative 3761061 Canada Limited, Licensee ) John Cardill, Representative
A hearing into Amended Notice of Proposal ("NOP") number 16777 dated February 6, 2009 to suspend liquor licence number 800818 (the "Licence") issued to 3761061 Ontario Limited (the "Licensee") operating as BAREFAX, 27 York Street, Ottawa, Ontario, K1N 5S7 (the "premises" or "establishment"), on the basis of alleged violations of section 29 of the Liquor Licence Act ("LLA") and subsection 45(1) of Ontario Revised Regulation 719/90 ("O.Reg") made pursuant to the LLA, was held on June 2, 2009 in the City of Ottawa.
Richard Kulis, Registrar's Representative, and John Cardill, 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 30, 2008, drunken patrons were permitted in the licensed premises.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O. Reg. 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 3761061 Ontario Limited operating as BAREFAX, 27 York Street, Ottawa, Ontario, K1N 5S7, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on September 7, 2009 and CONTINUE until 2:00 a.m. on September 14, 2009.
DATED AT TORONTO THIS 9th DAY OF JUNE, 2009.
JOAN LOUGHEED, BOARD MEMBER ALEX MCCAULEY, 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 3761061 CANADA LIMITED OPERATING AS BAREFAX, 27 YORK STREET, OTTAWA LICENCE NUMBER 16777
Agreed Statement Of Facts
The Licence Holder, having consulted legal counsel, and Registrar's Counsel agree to the following:
On May 30, 2008, drunken patron were permitted in the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to a violation of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act
On May 19, 2009 the Board imposed a prior five (5) day suspension of the liquor licence which has not yet been served.
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Joint Submission Regarding Disposition
The Licence Holder, having consulted with legal counsel, and Registrar's Counsel submit that the following disposition is appropriate in these