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-
1263528 Ontario Limited operating as The Guvernment
Licensee
DECISION
Panel: Eleanor Meslin, Board Member
Bruce S. Miller, Board Member
Decision Date: December 9, 2009
Hearing Location: Toronto, 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 ) Phillip Morris, Representative
1263528 Ontario Limited, Licensee ) Jerry Levitan, Representative
Allegations
A hearing into Notice of Proposal number 16594 dated August 25, 2008 to suspend liquor licence number 22024 (the “Licence”) issued to 1263528 Ontario Limited, (the “Licensee”) operating as THE GUVERNMENT, 132 Queens Quay East, Toronto, Ontario, M5A 3Y5, (the “premises” or the “establishment”), on the basis of alleged violations of subsections 34(1) and 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act, (the “LLA”), was held on October 16 and December 8, 2009 in the City of Toronto.
Phillip Morris and Jerry Levitan submitted an Agreed Statement of Facts (Exhibit #3) and Joint Submission on Disposition (Exhibit #4) which form part of this decision. It was agreed and admitted that:
On April 6, 2008, there were two drunken patrons in the licensed premises.
- Based 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 allegation.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 22024 issued to 1263528 Ontario Limited, operating as THE GUVERNMENT, 132 Queens Quay East, Toronto, Ontario, M5A 3Y5, be SUSPENDED for ELEVEN (11) consecutive days to commence at 11:00 a.m. on January 3, 2010 and continue until 2:00 a.m. on January 14, 2010.
DATED AT TORONTO THIS 9th DAY OF December , 2009.
ELEANOR MESLIN, BOARD MEMBER BRUCE S. MILLER, BOARD MEMBER
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 1263528
ONTARIO LTD. OPERATING AS THE GUVERNMENT, 132
QUEENS QUAY EAST, TORONTO
LICENCE NO. 22024
AND IN THE MATTER OF A NOTICE OF PROPOSAL
(NO.16594) ISSUED AUGUST 25, 2008
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and Registrar agree to the following facts:
On April 6, 2008, there were 2 drunken patrons in the licensed premises.
Based paragraph 1, the licensee breached section 45(1) of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission.
The licensee was previously suspended for 3 days in 2000 and 7 days in 2002 for similar
breaches.
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JOINT SUBMISSIONS ON DISPOSITION
The licensee, after consultation with counsel, and 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. 22024 for a period of 11 days.
The Board having accepted the Agreed Statement of Facts and Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 8TH DAY OF DECEMBER, 2009.
RESPECTFULLY SUBMITTED,
Charles Khabouth Phillip Morris
for Registrar’s Counsel
licensee