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-
757455 Ontario Inc. operating as Hodder Tavern
Licensee
DECISION
Panel: Joan Lougheed, Board Member, AGCO
Decision Date: May 19, 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
757455 Ontario Inc., Licensee ) David Bruzzese, Representative
[1]. A hearing into Amended Notice of Proposal number 17765 dated January 14, 2010 to suspend liquor licence number 92575 issued to 757455 Ontario Inc. (the “Licensee”) operating as HODDER TAVERN, 481 Hodder Avenue, Unit 1, Thunder Bay, Ontario, P7A 1V3 (the “premises”), 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 May 17, 2010 in the City of Toronto.
[2]. Mr. Morris and Mr. Bruzzese 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 June 3, 2009, two intoxicated patrons were served liquor in the licensed premises. One of the patrons was later found deceased in a nearby lake.
On August 6, 2009, there was a drunken patron in the licensed premises. On August 13, 2009, there was a drunken patron in the licensed premises.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 of the LLA and subsection 45(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegations.
Order
[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 92575 issued to 757455 Ontario Inc. operating as HODDER TAVERN, 481 Hodder Avenue, Unit 1, Thunder Bay, Ontario, P7A 1V3, be SUSPENDED for THIRTY-FIVE (35) consecutive days to COMMENCE at 11:00 a.m. on June 7, 2010, and CONTINUE until 2:00 a.m. on July 12, 2010.
DATED AT TORONTO THIS 19th DAY OF MAY , 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 757455 ONTARIO INC. OPERATING AS HODDER TAVERN
481 HODDER AVE., UNIT 1 THUNDER BAY
LICENCE NUMBER 92575
AND IN THE MATTER OF AN AMEDED NOTICE OF
PROPOSAL NO. 17765 ISSUED JAN. 14, 2010
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On June 3, 2009, two intoxicated patrons were served liquor in the licensed premises. One of the patrons was later found deceased in a nearby lake.
Based on paragraph 1, the licensee breached s. 29 of the Liquor Licence Act.
On Aug. 6, 2009, there was a drunken patron in the licensed premises. On Aug 13, 2009, there was a drunken patron in the licensed premises.
Based on paragraph 3, the licensee breached s. 45(1) of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
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 and general deterrence:
The Board shall suspend licence no. 92575 for a period of 35 days.
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.
DATE AT TORONTO THIS 26TH DAY OF APRIL, 2010.
RESPECTFULLY SUBMITTED
Diane Lucienne Dupont Phillip Morris
for Registrar’s Counsel
licensee