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-
1736646 Ontario Inc. O/A Shoeless Joe’s Restaurant
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO Eleanor Meslin, Board Member
Decision Date: September 24, 2009
Hearing Location: Niagara Falls, 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 ) Daniel Alakas, Representative 1736646 Ontario Inc., Licensee ) Adam Vassos, Representative
A hearing into Notice of Proposal number 17259 dated May 25, 2009 to suspend liquor licence number 807108 (the “Licence”), issued to 1736646 Ontario Inc., (the “Licensee”), operating as SHOELESS JOE’S RESTAURANT, 647 – 651 Niagara Street North, Welland, Ontario, L3C 1L9, on the basis of alleged violations of subsection 30(4) of the Liquor Licence Act, (the “LLA”) and section 43 and subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on September 15, 2009 in the City of Niagara Falls.
Mr. Alakas and Mr. Vassos advised the Board that they had reached an oral agreement on the facts and on an appropriate sanction. It was agreed and admitted that:
On November 15, 2008 at 11:45 p.m., Alcohol and Gaming Commission of Ontario (“AGCO”) inspectors observed and counted 242 people in an area licensed for 200, overcrowded therefore by 42 patrons. On November 16, 2008 at 12:15 a.m. AGCO inspectors and Niagara Regional Police observed two youthful looking patrons, who advised they were 17 years old. The two patrons admitted to consuming alcohol in the establishment.
- Based on the agreed facts, the Board found the Licensee breached subsection 30(4) of the Liquor Licence Act, (the “LLA”) and section 43 of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA. 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 number 807108 issued to 1736646 Ontario Inc., operating as SHOELESS JOE’S RESTAURANT, 647 – 651 Niagara Street North, Welland, Ontario, L3C 1L9, 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 24th DAY OF September , 2009.
PATRICIA MCQUAID, VICE-CHAIR ELEANOR MESLIN, BOARD MEMBER