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-
1456161 Ontario Inc. O/A Crabby Joe’s Tap & Grill
Licensee
DECISION
Panel: Beryl Ford, Board Member Eleanor Meslin, Board Member
Decision Date: July 27, 2009
Hearing Location: Burlington, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone: (416) 326-0366 Fax: (416) 326-5566 Toll Free In Ontario: 1-800-522-2876 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Phillip Morris, Representative
1456161 Ontario Inc., Licensee ) Robert Plouffe, Representative
Allegations
- A hearing into a Notice of Proposal (“NOP”) number 16748 dated October 22, 2008 to suspend liquor licence number 20123 (the “Licence”) issued to 1456161 Ontario Inc. (the “Licensee”) operating as CRABBY JOE’S TAP & GRILL, 140 Centennial Parkway North, Unit 1, Hamilton, Ontario, L8E 1H9 (the “establishment” or “premises”) on the basis of alleged violations of subsection 30(4) of the Liquor Licence Act (“LLA”) and section 29 and subsection 41(1) of Ontario Regulation 719/90 (“O.Reg 719/90”) made pursuant to the LLA, was held on July 14, 2009 in the City of Burlington.
Preliminary Matters
Registrar’s representative, Mr. Morris, advised the Board that the Licensee agreed to all the facts as outlined in NOP number 16748 dated October 22, 2008.
Mr. Morris summarized the information as follows:
March 26th, 2008, four 17 year old minors were served beer in the licensed premises by a waitress employed at the establishment.
Proof of identification or age was not requested by the waitress prior to serving the minors.
Mr. Morris submitted that the licence holder was in breach of subsection 30(4) of the LLA, as the licensee or licensee’s employee or agent permitted a person who appeared to be under the age of 19 to have or consume liquor in the licensed premises.
The minors appeared under the age of 19 years old.
March 26th, 2008, the licence holder breached subsection 41(1) of O.Reg 719/90. The licence holder failed to inspect a piece of identification of a person apparently under the age of nineteen years prior to selling or serving liquor to that person.
April 5th, 2008, at approximately 4:01 a.m. there were signs of service observed by an Alcohol and Gaming Commission of Ontario inspector at the establishment.
Pints of beer and a bottle of beer were visible with patrons present in the establishment. The glasses and bottle were cold to the touch.
Mr. Morris submitted that the license holder breached section 29 of O.Reg 719/90 by failing to clear the signs of service and consumption in the licensed premises within 45 minutes after the end of the period during which liquor may be sold and served under the licence.
Mr. Plouffe, on behalf of the Licensee, stated that the Licensee did not deny the allegations outlined in the NOP and did not dispute the facts.
Mr. Plouffe explained to the Board that the Licensee was hospitalized at the time of the violations. He submitted that staff employed at the establishment took advantage of the absence of the Licensee and allowed the infractions to occur.
Action has been taken by the Licensee to rectify the situation and ensure it will not occur again.
The Licensee requested that the 14 day suspension be served from October 18, 2009 at 11:00 a.m. to November 1, 2009 at 2:00 a.m.
The Registrar had no objection to the dates proposed by the Licensee.
Reasons
The Board noted that there was no written agreed statement of facts and disposition. Representatives of both the Registrar and Licensee agreed that the settlement was a technical agreement and documentation would follow the Hearing.
The Board made findings based on the information provided by Registrar’s Counsel and the admission of the allegations of violations by the Licensee.
The Board accepted the request of the Licensee to serve the suspension on the proposed dates, agreed to by the Registrar.
It was noted that there were no previous suspensions imposed on the Licensee.
Conclusion
Therefore, the Board FINDS the Licensee violated subsection 30(4) of the LLA, and section 29 and subsection 41(1) of O.Reg 719/90.
The Board ORDERS that the liquor licence issued to 1456161 Ontario Inc. operating as CRABBY JOE’S TAP & GRILL, 140 Centennial Parkway North, Unit 1, Hamilton, Ontario, L8E 1H9 be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on October 18, 2009 and CONTINUE until 2:00 a.m. on November 1, 2009.
DATED AT TORONTO THIS 27th DAY OF JULY, 2009
BERYL FORD, BOARD MEMBER ELEANOR MESLIN, BOARD MEMBER