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-
3234720 Canada Inc. operating as Raxx Billiards & Bar
Licensee
DECISION
Panel: Joan Lougheed, Board Member
Decision Date: March 8, 2010
Hearing Location: Kingston, 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 ) Phillip Morris, Representative
2149459 Ontario Inc., Licensee ) Robert Warren, Representative
1. A hearing into Amended Notice of Proposal number 17683 dated October 30, 2009, to suspend liquor licence number 804926, issued to 3234720 Canada Inc. (the “Licensee”), operating as RAXX BILLIARDS & BAR, 665 Development Drive, Kingston, Ontario, K7M 4W6, on the basis of alleged violations of section 29 of the Liquor Licence Act (the “LLA”) and subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on February 5, 2010 in the City of Toronto.
2. Mr. Kulis and Mr. Warren 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 3, 2009, a patron consumed a substantial amount of liquor in the licensed premises and became intoxicated. He was told to leave. He drove away. A staff member followed him and called police.
3. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O.Reg. The withdrawal of the remaining allegation was accepted by the Board.
Order
4. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 804926, issued to 3234720 Canada Inc., operating as RAXX BILLIARDS & BAR, 665 Development Drive, Kingston, Ontario, K7M 4W6, be SUSPENDED for TWENTY-ONE (21) consecutive days to COMMENCE at 11:00 a.m. on June 27, 2010, and CONTINUE until 2:00 a.m. on July 18, 2010.
DATED AT TORONTO THIS 8th DAY OF March , 2010.
JOAN LOUGHEED, 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 3234720 CANADA INC. OPERATING AS RAXX BILLIARDS & BAR, 665 DEVELOPMENT DRIVE, KINGSTON
LICENCE NO. 804926
AND IN THE MATTER OF AN AMENDED NOTICE OF PROPOSAL NO. 17683 ISSUED OCTOBER 30, 2009
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On April 3, 2009, a patron consumed a substantial amount of liquor in the licensed premises and became intoxicated. He was told to leave. He drove away. A staff member followed him and called police.
Based on paragraph 1, the licensee breached s. 45 (1) of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission.
The licensee was previously suspended for 7 days in 2007, 10 days in 2008, and a further 10 days in 2008, in part for a similar breach.
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JOINT SUBMISSION REGARDING DISPOSITION
The licensee, after consultation with counsel, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 804926 for a period of 21 days commencing at 11:00 a.m. on June 27, 2010 and ending at 2:00 a.m. on July 18, 2010.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 3RD DAY OF FEBRUARY, 2010.
RESPECTFULLY SUBMITTED,
Nicolaos Roumanis Phillip Morris
for Registrar’s Counsel
licensee