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-
764903 Ontario Limited O/A Gar’s Bar & Grill
Licensee
DECISION
Panel: Jacqueline Castel, Board Member Alex McCauley, Board Member
Decision Date: September 2, 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 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
764903 Ontario Limited, Licensee ) Scott Thibaudeau, Representative
Allegations
1A hearing into Notice of Proposal number 17237 dated May 26, 2009 (the “NOP”) to suspend liquor licence number 92508 (the “Licence”) issued to 764903 Ontario Limited (the “Licensee”), operating as GAR’S BAR & GRILL, 58 Main Street, Exeter, Ontario, N0M 1S3, (the “premises” or the “establishment”), on the basis of alleged violations of section 29 of the Liquor Licence Act (the “LLA”), and subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg”), made pursuant to the LLA, was held on August 27, 2009 in the City of London.
Preliminary matters
2Mr. Morris advised the Board that he is seeking to amend the NOP, to include the following additional particulars, with the consent of the Licensee:
On Feb 9, 2008, there were five drunken patrons in the establishment, and the Licensee permitted drunkenness on the part of these five patrons, and served liquor to two intoxicated patrons.
3Mr. Thibaudeau confirmed that the Licensee is consenting to the above amendment to the NOP. He also indicated that the Licensee is prepared to admit to the allegations in the amended NOP and is also in agreement with the proposed 14 day suspension.
4Given the consent of both parties, the Board approved the above amendment to the NOP.
Decision
5Based on the agreement of both parties to the facts as set out in paragraph 2, the Board FINDS that the Licensee contravened section 29 of the LLA with respect to two patrons and subsection 45(1) of the O.Reg with respect to five patrons.
Submissions on Sanction
6Mr. Morris indicated that a 14 day suspension is appropriate given the contraventions under both section 29 of the LLA and subsection 45(1) of the O.Reg.
7Mr. Thibaudeau indicated that although his client is consenting to the 14 day suspension, he would like the Board to note that the Licensee has been in business for 15 years and this is the first time it has ever come before the Board. The Licensee is also undergoing financial difficulties and has a number of health issues.
Conclusion
8Therefore, given the agreement of both parties on disposition, the Board confirms its oral ORDER that the liquor licence number 92508 issued to 764903 Ontario Limited, operating as GAR’S BAR & GRILL, 58 Main Street, Exeter, Ontario, N0M 1S3, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on November 1, 2009 and CONTINUE until 2:00 a.m. on November 15, 2009.
DATED AT TORONTO THIS 2nd DAY OF September , 2009.
JACQUELINE CASTEL, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER