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-
201762 Ontario Ltd. O/A Jimmy Bean’s Billiard Bar & Grill
Licensee
DECISION
Panel: David C. Gavsie, Chair, AGCO
Patricia McQuaid, Vice-Chair, AGCO
Decision Date: November 30, 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 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
201762 Ontario Ltd., Licensee ) Jerry Levitan, Representative
Allegations
A hearing into Notice of Proposal (“NOP”) number 17218 dated April 28, 2009 and NOP number 17219 dated April 28, 2009, to suspend liquor licence number 805628 (the “Licence”) issued to 201762 Ontario Ltd., (the “Licensee”) operating as JIMMY BEAN’S BILLIARD BAR & GRILL, 392 Gibraltar Drive, Unit 13B, Mississauga, Ontario, L6T 2P5, (the “premises” or the “establishment”), on the basis of alleged violations of sections 29 and 53, subsections 20(5), 33(1), 35(1) and 45(1) and clauses 20(2)(b), 20(2)(e) and 31(1)(c) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act, (the “LLA”), was held on November 10, 2009 in the City of Toronto.
Phillip Morris, advised the Board that the allegation of a violation of clause 20(2)(e) was incorrectly cited in NOP number 17218 and should have read clause 20(2)(a).
Phillip Morris and Jerry Levitan, submitted an Agreed Statement of Facts and Joint Submission on Disposition (Exhibit # 1) which form part of this decision. It was agreed and admitted that:
On October 18, 2008 at 3:00 a.m. there were open and closed bottles of beer on the bar. The licensee had offered liquor free of charge to 2 patrons. There was an off-licence purchase for $135.35 and 5 15 packs of beer purchased off-licence. No food was available.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29, subsection 35(1) and clauses 20(2)(a) and 31(1)(c) of the O.Reg. The Board accepted the withdrawal of the remaining allegations contained in the NOPs.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 805628 issued to 201762 Ontario Ltd., operating as Jimmy Beans Billiard Bar & Grill, 392 Gibraltar Drive, Unit 13B, Mississauga, Ontario L6T 2P5, be SUSPENDED for TWELVE (12) consecutive days to COMMENCE at 11:00 a.m. on February 1, 2010, and CONTINUE until 2:00 a.m. on February 13, 2010.
DATED AT TORONTO THIS 30^th^ DAY OF November , 2009.
DAVID C. GAVSIE, CHAIR, AGCO PATRICIA MCQUAID, VICE-CHAIR
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990,C.L.19, S. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE
OF 201762 ONTARIO LTD., OPERATING AS
JIMMY BEANS BILLIARD BAR AND GRILL, 392 GIBRALTER DRIVE, UNIT 13B, MISSISSAUGA
LICENCE NUMBER 805628
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On Oct.18, 2008 at 3 am, there were open and closed bottles of beer on the bar. The licensee had offered liquor free of charge to 2 patrons. There was an off-licence purchase for $135.35 and 5 15 packs of beer purchased off-licence. No food was available.
Based on paragraph 1, the licensee breached s. 29, 20(2) (a), 31(1) (c) and 35(1) of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
JOINT SUBMISSION ON DISPOSITION
The licensee, after consultation with counsel, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 805628 for a period of 12 days commencing at 11:00 a.m. on February 1, 2010 and ending at 2:00 a.m. on February 13, 2010.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notices of Proposal.
DATED AT TORONTO THIS 10^th^ DAY OF NOVEMBER, 2009.
RESPECTFULLY SUBMITTED,
Asad Sherwani Phillip Morris
for Registrar’s Counsel
licensee