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-

Peter Bill Kouretsos operating as Golden Brothers Sports Bar & Tapps Licensee

DECISION

Panel: Patricia McQuaid, Vice-Chair, AGCO Decision Date: May 10, 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 ) Phillip Morris, Representative Peter Bill Kouretsos, Licensee ) Paul MacLeod, Representative

1A hearing into Notice of Proposal number 17605 dated October 9, 2009 to suspend liquor licence number 811979 issued to Peter Bill Kouretsos (the “Licensee”) operating as GOLDEN BROTHERS SPORTS BAR & TAPPS, 21 Southworth Street, Welland, Ontario, L3B 5E5 (the “premises”), on the basis of alleged violations of section 29 of the Liquor Licence Act (the “LLA”) and subsections 45(1) and 45(2) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on May 5, 2010 in the City of Toronto.

2On consent of the parties, the Vice-Chair who had presided at the pre-hearing conference in this matter, did preside at this teleconference hearing.

3Mr. Morris and Mr. MacLeod 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:

1. On November 1, 2008, there were 3 drunken patrons in the licensed premises.
2. On November 16, 2008, an intoxicated patron was served liquor in the licensed premises.
3. On November 23, 2008, a drunken patron was consuming liquor on the licensed patio. Two patrons were smoking marijuana on the licensed patio.

4Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 of the LLA and subsections 45(1) (on two occasions) and 45(2) of the O.Reg. The Board accepted the withdrawal of the remaining allegations.

Order

5Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 811979 issued to Peter Bill Kouretsos operating as GOLDEN BROTHERS SPORTS BAR & TAPPS, 21 Southworth Street, Welland, Ontario, L3B 5E5, be SUSPENDED for twenty-one (21) consecutive days to COMMENCE at 11:00 a.m. on July 4, 2010, and CONTINUE until 2:00 a.m. on July 25, 2010.

DATED AT TORONTO THIS 10th DAY OF May, 2010.

PATRICIA MCQUAID, VICE-CHAIR

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 PETER BILL KOURETSOS OPERATING AS GOLDEN BROTHERS SPORTS BAR & TAPPS 21 SOUTHWORTH STREET, WELLAND LICENCE NUMBER 811979

AGREED STATEMENT OF FACTS

The licensee, after consultation with counsel, and the Registrar agree to the following facts:

1. On Nov. 1, 2008, there were 3 drunken patrons in the licensed premises.
2. Based on paragraph 1, the licensee breached s. 45(1) (permit drunkenness) of Ont. Reg. 719/90.
3. On Nov. 16, 2008, an intoxicated patron was served liquor in the licensed premises.
4. Based on paragraph 3, the licensee breached s. 29 of the Liquor Licence Act.
5. On Nov. 23, 2008, a drunken patron was consuming liquor on the licensed patio. Two patrons were smoking marijuana on the licensed patio.
6. Based on paragraph 5, the licensee breached s. 45(1) (permit drunkenness) of Ont. Reg. 719/90 and s. 45(2) of Ont. Reg. 719/90 respectively.
7. The licensee has shown remorse and co-operated with the Commission.
8. The licensee was suspended 5 days in 2007 and 14 days in 2008 in part for similar breaches.

JOINT SUBMISSION ON 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 general deterrence:

1. The Board shall suspend licence no. 811979 for a period of 21 days.
2. 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 21ST DAY OF APRIL 2010.

RESPECTFULLY SUBMITTED,

Peter Bill Kouretsos Phillip Morris Registrar’s Counsel