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-
Garry Charles Hirtle O/A Express Delivery (LDS) Licensee
ORDER
Panel: David C. Gavsie, Chair, AGCO Brian J. Ford, Board Member
Decision Date: September 18, 2009 Hearing Location: Sudbury, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto, Ontario 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 ) Richard Kulis, Representative Garry Charles Hirtle, Licensee ) On his own behalf
Allegations
1A hearing into a Notice of Proposal number 17522 dated September 3, 2009 to revoke a liquor licence, and an Order dated September 3, 2009 to immediately suspend on an interim basis, liquor licence number 58839 (the “Licence”) issued to Garry Charles Hirtle (the “Licensee”) operating as EXPRESS DELIVERY (LDS), 460 Horobin Street, Unit A, Sudbury, Ontario, P3C 3S7, on the basis of alleged violations of subsection 30(2) of the Liquor Licence Act (the “LLA”) and section 23.1, subsection 17(1) and paragraphs 15.3, 15.4, 15.5, and 15.6 of Ontario Regulation 718/90 (the “O.Reg”) made pursuant to the LLA, was held on September 14, 2009 in the City of Sudbury.
2The Registrar issued an interim suspension of the Licensee’s licence in the public interest and subject to an Order by the Board of the Alcohol and Gaming Commission of Ontario (the Interim Suspension).
3Garry Charles Hirtle is the Licensee. He appeared on his own behalf and waived the right to legal representation.
4On completion of the evidence being presented by the parties, Mr. Hirtle brought forth a motion to have the interim suspension order lifted.
5The Board denied Mr. Hirtle’s motion and requested submissions from the parties. The Registrar’s Representative shall serve and file written submissions within fourteen (14) days of the date of this Order. The Licensee’s Representative shall have seven (7) days to serve and file a written response. Registrar’s Representative may serve and file any reply within three (3) days of receipt of the Licensee’s response. All submissions are to be filed with the Manager, Hearings Department, Alcohol and Gaming Commission at the address on the front page of this decision in accordance with the Board’s Rules of Practice.
Order
6Based on the seriousness of the allegations before the Board and the possible impact of those allegations on the public, the Board FINDS that it is in the public’s interest that the Interim Suspension currently in place on liquor licence number 58839 issued to Garry Charles Hirtle, operating as EXPRESS DELIVERY (LDS), 460 Horobin Street, Unit A, Sudbury, Ontario, P3C 3S7, remains in effect until the earlier of the time when the Board renders its final decision on the matters before it or the Board orders otherwise.
DATED AT TORONTO THIS DAY OF , 2009.
DAVID C. GAVSIE, CHAIR, AGCO BRIAN J. FORD, BOARD MEMBER