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-
1605511 Ontario Inc. operating as The Drink Licensee
AMENDED DECISION ON FINDINGS
Panel: David C. Gavsie, Chair, AGCO Alex McCauley, Board Member
Decision Date: March 24, 2010 Hearing Location: Ottawa, 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 1605511 Ontario Inc., Licensee: Norman Boxall and Ian Carter, Representatives
Allegations
1A hearing into Notice of Proposal number 17214 dated May 19, 2009 to suspend for 14 days liquor licence number 200690, issued to 1605511 Ontario Inc. (the "Licensee"), operating as THE DRINK, 130 George Street, Ottawa, Ontario, K1N 5W4, on the basis of alleged violations of subsection 30(4) of the Liquor Licence Act (the "LLA") and subsections 41(1) and 45(1) of Ontario Regulation 719/90 (the "O.Reg"), made pursuant to the LLA, was held on September 8, October 8 and December 21, 2009 in the City of Ottawa.
2Pursuant to Rule 2.7 of the Revised Rules of Practice, a panel may, at any time and without prior notice to the parties, clarify its decision or order where it contains a misstatement, ambiguity or otherwise requires clarification.
3Therefore, the Board ORDERS that paragraphs 232, 233 and 310 of its decision dated March 10, 2010 be amended to read as follows:
At the commencement of the third day of the hearing on December 21, 2009, Ms Taylor, for the Registrar, indicated the Licensee intended to call a further witness. A will-say statement had been provided to the Registrar's representative only in October, and not prior to the commencement of the hearing on September 9, 2009 as required by the Pre-hearing Order. Ms Taylor said the Licensee was not aware of the witness' name before K.K. gave her evidence, this was confirmed by the Licensee's Representative.
Ms Taylor said she would not object to the calling of the witness, but asked the Board to be aware that this evidence would be provided after the Registrar had closed his case and she could not review this with her witnesses.
As to subsection 45(1) of the O.Reg, Licensee's Representative said that the quarrelsome behaviours occurred when the glass throw came out of nowhere. Nothing had been built up. There was no lead up to it so that the establishment ought to have known it would occur.
4Further, the Board ORDERS that the references to "Mr. Carter" in the section entitled "Licensee's Submissions" shall be stricken and replaced with "Licensee's Representative".
5The Board invites written submissions on penalty from the respective parties. The Registrar's representative shall serve and file written submissions within seven (7) days of the date of this amended decision. The Licensee's representative shall have seven (7) days to serve and file a written response. The Registrar's representative may serve and file a reply within three (3) days of the receipt of the Licensee's response. All submissions are to be filed with the Manager, Hearings Department, Alcohol and Gaming Commission, at the address on the front page of this amended decision in accordance with the Board's Rules of Practice.
DATED AT TORONTO THIS 24th DAY OF March, 2010
DAVID C. GAVSIE, CHAIR, AGCO ALEX MCCAULEY, BOARD MEMBER