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-
698692 Ontario Inc. O/A Turkey Point Hotel Licensee
DECISION
Panel: Guy Maurice, Board Member Decision Date: June 24, 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 ) Richard Kulis, Representative 698692 Ontario Inc., Licensee ) Albert Smelko, Representative
1A hearing into Notice of Proposal ("NOP") number 16359 dated June 2, 2008, NOP number 16608 dated September 5, 2008, NOP number 16769 dated October 28, 2008 and Supplementary NOP number 16612 dated September 5, 2008 to suspend liquor licence number 10891 issued to 698692 Ontario Inc. operating as TURKEY POINT HOTEL, 93 Cedar Point Drive, Charlotteville Township, Turkey Point, Ontario, N0E 1T0, on the basis of alleged violations of section 29 and subsection 30(4) of the Liquor Licence Act ("LLA") and sections 29, 43 and 45.1 and subsection 45(1) of Ontario Revised Regulation 719/90 ("O.Reg") made pursuant to the LLA, was held on June 19, 2009 in the City of Toronto.
2Richard Kulis, Registrar's Representative, and Albert Smelko, 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:
Drunken patrons were permitted in the licensed premises on May 20, 21, July 1, August 5, September 2 all in 2007 and March 18 and 19, 2008.
3Based 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 allegations.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 698692 Ontario Inc. operating as TURKEY POINT HOTEL, 93 Cedar Point Drive, Charlotteville Township, Turkey Point, Ontario, N0E 1T0, be SUSPENDED for THIRTY (30) consecutive days to COMMENCE at 11:00 a.m. on August 1, 2009 and CONTINUE until 2:00 a.m. on August 31, 2009.
DATED AT TORONTO THIS 24th DAY OF JUNE, 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 698692 ONTARIO INC. OPERATING AS TURKEY POINT HOTEL, 93 CEDAR DRVIE, CHARLOTTEVILLE TOWNSHIP, TURKEY POINT LICENCE NUMBER 10891 NOTICES OF PROPOSAL NUMBERS 16359, 16608, 16769
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel, and Registrar's Counsel agree to the following:
Drunken patrons were permitted in the licensed premises on May 20, 21, July 1, August 5, September 2 all in 2007 and March 18 and 19, 2008.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act
The licence holder has no prior adverse record with the Commission.
-2-
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 circumstances:
A thirty (30) day suspension of the liquor licence to start at 11:00 am on Saturday, August 1, 2009 until 2:00 am on Monday, August 31, 2009.
Should the Board member make the findings as submitted and impose the disposition as recommended. Then Registrar's counsel will withdraw the remaining allegations in Notices of Proposal numbers 16359, 16608 and 16769.
DATED IN SIMCOE THIS 2 DAY OF JUNE, 2009.
For the licence holder Richard E. Kulis, for the Registrar of the AGCO