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-
Melkos Inc. operating as The Red Hot Chili Pepper Bar & Grille
Licensee
DECISION
Panel: Brian J. Ford, Board Member Bruce S. Miller, Board Member
Decision Date: December 18, 2009
Hearing Location: St. Catharines, 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 ) Joyce Taylor, Representative Melkos Inc, Licensee ) Jerry Levitan, Representative
Allegations
A hearing into Notice of Proposal number 17491 dated August 21, 2009 to suspend liquor licence number 21970 (the "Licence") issued to Melkos Inc., (the "Licensee") operating as THE RED HOT CHILI PEPPER BAR & GRILLE, 1 St. Paul Street, Unit 1, St. Catharines, Ontario, L2R 7L2, (the "premises" or the "establishment"), 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 26, 2009 in the City of St. Catharines.
Joyce Taylor and Jerry Levitan 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 April 19, 2009 a liquor inspector and a police officer visited the licensed establishment and found that the licensee had permitted a drunken patron to be in the establishment.
- 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 liquor licence number 21970 (the "Licence") issued to Melkos Inc., (the "Licensee") operating as THE RED HOT CHILI PEPPER BAR & GRILLE, 1 St. Paul Street, Unit 1, St. Catharines, Ontario, L2R 7L2, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on January 2, 2010, and CONTINUE until 2:00 a.m. on January 9, 2010.
DATED AT TORONTO THIS 18th DAY OF December , 2009.
BRIAN J. FORD, 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 MELKOS INC. OPERATING AS RED HOT CHILI PEPPER BAR & GRILLE
1ST. PAUL ST., UNIT 1, ST. CATHARINES
LICENCE NO. 21970
NOTICE OF PROPOSAL 17491
AGREED STATEMENT OF FACTS
The Licensee, who has been advised by counsel and Registrar's counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated August 21, 2009:
On April 19, 2009 a liquor inspector and a police officer visited the licensed establishment and found that the licensee had permitted a drunken patron to be in the establishment.
Based on the above-mentioned facts, the Licensee admits to breaching section 45(1) of O. Reg. 719/90, by permitting drunkenness.
JOINT SUBMISSION ON DISPOSITION
Whereas this Licensee was previously suspended for five (5) days in August 2008 for breaching section 45(1) (permitting drunkenness) of Ontario Revised Regulation 719/90,
The Licensee who has been advised by counsel and Register's counsel jointly submit that the following disposition is appropriate in these circumstances:
There shall be a seven (7) day suspension of liquor licence 21970 to be served on dates to be provided in writing to the Manager of Hearings Section of the Alcohol and Gaming Commission within seven (7) days of today's date, failing which the Board shall set the dates without further consultation with the Licensee. The suspension cannot commence for at least twenty (20) days following notification, must be completed within ninety (90) days of today's date and cannot be served between December 24, 2009 and January 1, 2010.
Should the Board make the findings set out in the Agreed Statement of Facts and order the disposition as set out above, the Registrar shall withdraw all remaining allegations set out in the Notice of Proposal number 17491.
Respectfully submitted this 26th day of November, 2009,
MELKOS INC.
Felice (Phil) Biancaniello Joyce A. Taylor
("I have authority to bind the Corporation.") Counsel for the Registrar
Jerry Levitan
Counsel for the Licensee