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 Ontario
Registrar
-and-
Janice Elaine Jackson O/A Jan’s County Pub
Licensee
DECISION
Panel: Allan Higdon, Board Member Joan Lougheed, Board Member
Decision Date: December 16, 2009
Hearing Location: Belleville, 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 ) Philip Morris, Representative
Janice Elaine Jackson, Licensee )
Allegations
- A hearing into Notice of Proposal number 173705 dated July 2, 2009 to revoke liquor licence number 801121 (the “licence”), issued to Janice Elaine Jackson (the “Licensee”), operating as JAN’S COUNTY PUB, 297 – 299 Picton Main Street, Picton, Ontario, K0K 2T0, on the basis that the Licensee failed to surrender its licence when it ceased to operate the business, contrary to section 56 of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act, was held on November 3, 2009 in the City of Belleville.
Preliminary Matters
Mr. Morris, Registrar’s Council, requested that the Hearing proceed ex parte, stating that there had been several attempts to contact the Licensee, Ms Elaine Jackson. The Applicant had requested a hearing by submitting a Request for Hearing form, signed and dated July 13, 2009. Correspondence relating to the Notice of Hearing had been mailed to Ms Jackson to the two addresses on file; one on October 14th and one on November 9th. Both letters were returned and Ms. Jackson did not respond to Mr. Morris’ efforts to contact her by phone
The Board AGREED to proceed ex parte as neither the Licensee nor her representative appeared at the hearing despite the Board waiting until 10:00 a.m. to begin deliberations. The Licensee had not responded to further attempts to reach her by telephone, and had presented no account of extenuating circumstances that would explain her absence.
Exhibits were presented as evidence that operation of Jan’s County Pub has ceased. A letter dated June 22, 2009 was received from the landlord stating that the property is now leased to a Mr. Paul Molloy and a copy of this lease agreement was provided and entered as Exhibit #3.
Based on the evidence presented by Mr. Morris, it is evident that Ms Jackson is no longer in control of the premises, the premises have been leased to another party, and that the Licensee failed to submit its licence to the Registrar contrary to section 56 of the O. Reg.
Order
- Therefore, having considered the evidence and exhibits submitted, the Board confirms its oral ORDER that liquor licence number 801121 issued to Janice Elaine Jackson, operating as JAN’S COUNTY PUB, 297-299 Picton Main Street, Picton, Ontario, K0K 2T0, be REVOKED.
DATED AT TORONTO THIS 16th DAY OF December , 2009.
ALLAN HIGDON, BOARD MEMBER JOAN LOUGHEED, BOARD MEMBER