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-
Shooters Sports Bar Inc. operating as Shooters Sports Bar
Licensee
DECISION ON FINDINGS
Panel: Jacqueline Castel, Board Member Alex McCauley, Board Member
Decision Date: February 23, 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 ) Joyce Taylor, Representative Shooters Sports Bar Inc., Licensee ) Clive Preddie, On his own behalf ) and on behalf of the Corporate ) Licensee
Authorities
R. v. Di Pietro and Di Pietro, 1986 CanLII 53 (SCC), [1986] 1 S.C.R. 250, approving R. v. Irwin (1982), 1982 CanLII 3807 (ON CA), 1 C.C.C. (3d) 212
516532 Ontario Ltd. (c.o.b. Jameson's Restaurant) (Re), [2009] O.A.G.C.D. No. 64
1577107 Ontario Inc. (c.o.b. Place Bar & Grill) (Re), [2008] O.A.G.C.D. No. 405
Allegations
- A hearing into Notice of Proposal number (“NOP”) 16261 dated May 9, 2008 to suspend liquor licence number 804183 (the “licence”) issued to Shooters Sports Bar Inc. (the “Licensee”) operating as SHOOTERS SPORTS BAR, 980 Central Park Drive, Unit 10, Brampton, Ontario, L6S 3L7, (the “establishment” or 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 December 11, 2009 in the City of Toronto.
Decision
- After carefully considering the evidence and submissions, the Board FINDS that the Licensee contravened subsection 45(1) of the O.Reg. by permitting drunkenness on the part of three customers. The Board DECLINES to make a finding under subsection 45(1) for permitting illegal gaming. Reasons follow.
Preliminary Matters
- Mr. Preddie is a licensed representative and one of the owners of the establishment. He