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-
1678527 Ontario Inc. O/A The Lion Restaurant & Bar
Licensee
DECISION
Panel: David C. Gavsie, Chair, AGCO Eleanor Meslin, Board Member
Decision Date: December 9, 2009
Hearing Location: Orillia, 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 ) Richard Kulis, Representative 1678527 Ontario Inc., Licensee ) Marc Lemieux, Representative
Allegations
A hearing into Notice of Proposal number 17401 dated July 21, 2009 to suspend liquor licence number 25198, issued to 1678527 Ontario Inc. (the “Licensee”), operating as THE LION RESTAURANT & BAR, 85 Mississauga Street East, Orillia, Ontario, L3V 1V6, (the “premises”), on the basis of an alleged violation of subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act, (the “LLA”), was held on November 19, 2009 in the City of Orillia.
Mr. Kulis and Mr. Lemieux submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision. It was agreed and admitted that:
On February 8, 2009 a drunken patron was permitted in the licensed premises.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O. Reg.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence number 25198, issued to 1678527 Ontario Inc., operating as THE LION RESTAURANT & BAR, 85 Mississauga Street East, Orillia, Ontario, L3V 1V6, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on January 17, 2010, and CONTINUE until 2:00 a.m. on January 24, 2010.
DATED AT TORONTO THIS 9th DAY OF December , 2009.
DAVID C. GAVSIE, CHAIR, AGCO ELEANOR MESLIN, BOARD MEMBER
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, chapter L.19, subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE
OF 1678527 ONTARIO INC. OPERATING AS
THE LION RESTAURANT & BAR,
85 MISSISSAUGA STREET EAST,
ORILLIA
LICENCE NO. 0025198
NOTICE OF PROPOSAL NO. 17401
AGREED STATEMENT OF FACTS
The licence holder, having consulted his lawyer, & Registrar’s Counsel agree to the following facts
On February 8, 2009 a drunken patron was permitted in the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to a violation of subsection 45(1) of O.Reg 719/90 under the Liquor Licence Act.
The licence holder has a five day suspension in March, 2009
X.L./REK
JOINT SUBMISSION REGARDING DISCIPLINARY ACTION
The licence holder, having consulted his lawyer, & Registrar’s Counsel recommend the following disciplinary action.
- A seven day suspension to start at 11:00 a.m. on January 17, 2010 until 2:00 a.m. on January 24, 2010.
Dated November 19, 2009
Xiao Hong Lin Richard E. Kulis
for Licence Holder Counsel for the Registrar, AGCO