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-
848347 Ontario Limited operating as Solid Gold Inn Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO Jacqueline Castel, Board Member
Decision Date: March 8, 2010 Hearing Location: Hamilton, 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 848347 Ontario Limited, Licensee ) Ivan Marini, Representative
1A hearing into Notice of Proposal number 17695 dated November 19, 2009 to suspend liquor licence number 11215 (the "licence"), issued to 848347 Ontario Limited (the "Licensee"), operating as SOLID GOLD INN, 53 Plains Road East, Burlington, Ontario, L7T 2B8, on the basis of an alleged violation of subsection 45(1) of the Ontario Regulation 719/90 (the "O.Reg"), made pursuant to the Liquor Licence Act (the "LLA"), was held on March 2, 2010 in the City of Hamilton.
2Mr. Morris and Mr. Marini 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 May 9, 2009, an intoxicated patron was asked by staff to leave the establishment and attempted to drive away. Staff members called police who apprehended him in the parking lot.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O.Reg.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 11215, issued to 848347 Ontario Limited, operating as SOLID GOLD INN, 53 Plains Road East, Burlington, Ontario, L7T 2B8, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on April 3, 2010, and CONTINUE until 2:00 a.m. on April 13, 2010.
DATED AT TORONTO THIS 8th DAY OF March, 2010.
PATRICIA MCQUAID, VICE CHAIR JACQUELINE CASTEL, BOARD MEMBER
Attached
IN THE MATTER OF SOLID GOLD INN
AND IN THE MATTER OF LIQUOR LICENCE NO. 11215
AND IN THE MATTER OF NOTICE OF PROPOSAL
NO. 17695 ISSUED NOV. 19, 2009
AGREED STATEMENT OF FACTS
The licensee, who after consultation with counsel, and the Registrar, agree to the following facts:
On May 9, 2009, an intoxicated patron was asked by staff to leave the establishment and attempted to drive away. Staff members called police who apprehended him in the parking lot.
Based on paragraph 1, the licensee breached s. 45(1) of Ont. Reg. 719/90 by permitting drunkenness.
The licensee has shown remorse and cooperated with the Commission.
The licensee was previously suspended for 5 days in 2004, 7 days in 2005, and 17 days in 2006, in part for similar breaches.
JOINT SUBMISSION ON DISPOSITION
The licensee, who after consultation with counsel, and the Registrar, agree to the following disposition as a matter of specific and general deterrence:
- The Board shall suspend licence no. 11215 for a period of 10 days, commencing at 11 am on Sat. Apr 3, 2010, and ending at 2 am on Tues. April 13, 2010.
Dated at Hamilton this 2nd day of March, 2010
MIKE NELSON PHILLIP MORRIS FOR LICENSEE REGISTRAR'S COUNSEL