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-
The Deck Inc. operating as The Deck Pub & Grill
Licensee
DECISION
Panel: Allan Higdon, Board Member
Decision Date: March 24, 2010
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 ) Richard Kulis, Representative
The Deck Inc., Licensee ) Robert Isles, Representative
A hearing into Notice of Proposal ("NOP") number 17705 dated November 25, 2009 to revoke liquor licence number 801597 issued to The Deck Inc. (the "Licensee"), operating as THE DECK PUB & GRILL, 34 Mills Street, Orangeville, Ontario, L9W 2M3, on the basis of alleged violations of subsection 30(4) of the Liquor Licence Act (the "LLA"), paragraph 50(c), sections 39 and 49 and subsection(s) of 20(1), 33(1), 34(1), 41(1), 45(1), 45(2) of Ontario Regulation 719/90 (the "O.Reg") made pursuant to the LLA, and of violations of two conditions on the licence, was held on March 10, 2010 by tele-conference.
Mr. Kulis and Mr. Isles submitted an Agreed Statement of Facts and Joint Submission on Disposition which form part of this decision. It was agreed and admitted that:
On August 21, 2009 a person under the age of 19 years consumed liquor in the licensed premises. A drunken patron was also permitted in the licensed premises.
On June 6, 2009 a patron removed liquor from the licensed premises and on June 7, 2009 an employee of the licensed premises had not successfully completed the server training program within the time period required.
On January 31, 2009 the fire exit door of the licensed premises was locked.
On January 31, 2009 and March 27, 2009 a security person was not at the front door as required by a licence condition.
Further, the Board accepted the amendment of the NOP to incorporate in the proposed disciplinary action, the allegations of a violation of section 65 of the O.Reg occurring on September 16, 2009; the allegations of violations of section 29 of the LLA, of subsection 45(1) of the O.Reg occurring on September 19, 2009; and the allegations of a breach of the security persons condition and of subsection 45(1) of the O.Reg occurring on January 30, 2010.
Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30(4) of the LLA and paragraph 50(c), section 39 and subsections 34(1) and 45(1) of the O.Reg. The Board also found that the Licensee violated a condition on the licence that states "The licensee shall employ a uniformed security person at the front door every Friday and Saturday night from 9:00 p.m. until the premises is vacated." The Board accepted the withdrawal of the remaining allegations contained in the NOP as amended.
Order
Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 801597 issued to The Deck Inc., operating as THE DECK PUB & GRILL, 34 Mills Street, Orangeville, Ontario, L9W 2M3, be SUSPENDED for THIRTY-SEVEN (37) consecutive days to COMMENCE at 11:00 a.m. on April 27, 2010, and CONTINUE until 2:00 a.m. on June 3, 2010.
Further, the licence holder surrenders immediately the caterer's endorsement to the liquor licence.
Further that, the Board ORDERS that in addition to the existing conditions, the following conditions be attached to the licence:
The holder of the licence shall not apply for the following endorsement: Caterer's Endorsement.
No temporary extension of the liquor licence by applications for temporary extensions, special occasions permit or caterer's endorsements are permitted for this licensed premises.
DATED AT TORONTO THIS 24th DAY OF March , 2010.
ALLAN HIGDON, 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 THE DECK INC. OPERATING AS THE DECK
PUB & GRILL, 34 MILLS STREET, ORANGEVILLE
LICENCE NUMBER 801597
NOTICE OF PROPOSAL NUMBER 17705
AGREEMENT
Independent Legal Advice
The Licence Holder acknowledges that the Licence Holder has consulted with legal counsel and has obtained independent legal advice prior to entering into this Agreement.
Agreed Facts
The Licence Holder and the Registrar's counsel agree to the following:
On August 21, 2009 a person under the age of 19 years consumed liquor in the licensed premises. A drunken patron was also permitted in the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 30(4) (permit minor to consume liquor in the licensed premises) of the Liquor Licence Act and subsection 45(1) (permit drunkenness) of Ontario Regulation 719/90 under the Liquor Licence Act.
On June 6, 2009 a patron removed liquor from the licensed premises and on June 7, 2009 an employee of the licensed premises had not successfully completed the server training program within the time period required.
Based on the fact in paragraph 3 the licence holder admits to violations of subsection 34(1) (permit removal of liquor) and section 39 (server training course) both of Ontario Regulation 719/90 under the Liquor Licence Act.
On January 31, 2009 the fire exit door of the licensed premises was locked.
Based on the facts in paragraph 5 the licence holder admits to violations of paragraph 50(c) of Ontario Regulation 719/90 under the Liquor Licence Act.
On January 31, 2009 and March 27, 2009 a security person was not at the front door as required by a licence condition.
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Based on the facts in paragraph 7 the licence holder admits to a violation of the condition which states "The licensee shall employ a uniform security person at the front door every Friday and Saturday night from 9:00 p.m. until the premises is vacated."
The licence holder has a prior twelve (12) day suspension of the liquor licence for violations of "remove liquor", "permit drunkenness" and exceeded lawful capacity. The suspension was served in September 2008.
Joint Submissions Regarding Disciplinary Action
The Licence holder and the Registrar's counsel submit that the following disposition will be imposed based on the Agreed Facts:
A thirty-seven (37) day suspension of the liquor licence to start at 11:00 am on Tuesday, April 27, 2010 until 2:00 am on Thursday, June 3, 2010.
Further the licence holder surrenders immediately the caterer's endorsement to the liquor licence.
Further the following conditions will be imposed on the liquor licence,
(i) "The holder of the licence shall not apply for the following endorsement: Caterer's endorsement."
(ii) "No Temporary extension of the liquor licence by applications for temporary extensions, special occasions permit or caterer's endorsements are permitted for this licensed premises
Consent to Amendment of Notice of Proposal Number
The Registrar's counsel proposes and the licence holder consents to the amendment of the aforementioned Notice of Proposal to cite only those matters in the Agreed Facts and the Joint Submissions Regarding Disciplinary Action. All other allegations in the original Notice of Proposal number 177705 and dated November 25, 2009 are withdrawn.
Further the Registrar incorporates in the proposed disciplinary action the allegations of a violation of section 65 of Ontario Regulation 719/90 under the Liquor Licence Act occurring on September 16, 2009; the allegations of violations of section 29 of the Liquor Licence Act, of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act occurring on
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September 19, 2009; and the allegations of a breach of the security person condition and of subsection 45(1) of Ontario Regulation 719/90 under Liquor Licence Act occurring on January 30, 2010.
Request for Hearing
The licence holder withdraws the Request for Hearing submitted on March 20, 2009
Based on this agreement the Licence Holder admits the violations and accepts the disciplinary action cited in this Agreement to Notice of Proposal number 17705.
Dated in Toronto this 8th day of March, 2010
For the licence holder Richard E. Kulis, for the Registrar
of the AGCO
The Deputy Registrar has reviewed the above noted Agreement and amends Notice of Proposal number 17705 to reflect this Agreement.
Tom Mungham
Deputy Registar