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 Ontario Registrar
-and-
1802769 Ontario Inc. operating as Swiggz Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO Decision Date: May 5, 2010. Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 200 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 ) Daniel Alakas, Representative 1802769 Ontario Inc., Licensee ) Eric Legault, on behalf of the Corporation
1A teleconference hearing into Notice of Proposal number 17908 dated February 26, 2010 and Amended Notice of Proposal number 18008 dated April 13, 2010 to suspend liquor licence number 203408 issued to 1802769 Ontario Inc. (the "Licensee") operating as SWIGGZ, 1 Government Road East, Kirkland Lake, Ontario, P2N 1A1, on the basis of alleged violations of subsections 30(2) and 30(4) of the Liquor Licence Act (the "LLA") and subsections 41(1) and 45(1) of Ontario Regulation 719/90 (the "O.Reg") made pursuant to the LLA, was held on May 5, 2010 in the City of Toronto.
2Mr. Alakas and Mr. Legault 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 October 17, 2009, at approximately 12:45 a.m., police officers observed a drunken male patron in the licensed establishment.
On October 17, 2009, at approximately 1:52 a.m., police officers observed a male patron exit the establishment, enter a vehicle and drive away. Police officers observed the vehicle fail to stop for a stop sign and proceeded to pull the vehicle over.
The male driver of the vehicle was found to be 17 years of age. The male was exhibiting signs of intoxication and stated that he had just been drinking alcohol in the licensed establishment.
The male stated that he had not been asked to show identification prior to being served alcohol.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 30(2) and 30(4) of the LLA and subsections 41(1) and 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 203408 issued to 1802769 Ontario Inc. operating as SWIGGZ, 1 Government Road East, Kirkland Lake, Ontario, P2N 1A1, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on May 10, 2010, and CONTINUE until 2:00 a.m. on May 20, 2010.
DATED AT TORONTO THIS 5th 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 1802769 ONTARIO INC. OPERATING AS SWIGGZ, 1 GOVERNMENT ROAD EAST, KIRKLAND LAKE LICENCE NO. 203408
AND IN THE MATTER OF A NOTICE OF PROPOSAL NO. 17908 ISSUED FEBRUARY 26, 2010 AND AMENDED NOTICE OF PROPOSAL NO. 18008 ISSUED APRIL 13, 2010
AGREED STATEMENT OF FACTS
The licensee, after having been advised of the right to counsel and having waived that right, and the Registrar's representative agree to the following facts:
On October 17, 2009, at approximately 12:45 am, police officers observed a drunken male patron in the licensed establishment.
Based on the above mentioned facts, the Licensee admits to a violation of subsection 45(1) of Ontario Regulation 719/90 in that the licence holder permitted drunkenness in the licensed establishment.
On October 17, 2009, at approximately 1:52 am, police officers observed a male patron exit the establishment, enter a vehicle and drive away. Police officers observed the vehicle fail to stop for a stop sign and proceeded to pull the vehicle over.
The male driver of the vehicle was found to be 17 years of age. The male was exhibiting signs of intoxication and stated that he had just been drinking alcohol in the licensed establishment.
The male stated that he had not been asked to show identification prior to being served alcohol.
Based on the above mentioned facts, the Licensee admits to a violation of subsection 30(2) of the Liquor Licence Act by selling or supplying liquor to a person who appeared to be under nineteen years of age.
Based on the above mentioned facts, the Licensee admits to a violation of subsection 30(4) of the Liquor Licence Act by permitting a person who appeared to be under nineteen to have or consume liquor in the licensed premises.
Based on the above mentioned facts, the Licensee admits to a violation of subsection 41(1) of Ontario Regulation 719/90 by failing to inspect a piece of identification of a person apparently under the age of nineteen years prior to selling to serving alcohol to that person.
The aforementioned infractions occurred on the opening night of the establishment. The Licensee has shown remorse and has co-operated with the Commission.
JOINT SUBMISSION ON DISPOSITION
The licensee, after having being advised of the right to counsel and having waived that right and the Registrar's representative jointly submit that the following disposition is appropriate in the circumstances:
- There shall be a ten (10) day suspension of liquor licence number 203408 to be served on dates to be provided, in writing, to the Manager of the Hearing Section of the Alcohol and Gaming Commission of Ontario, 90 Sheppard Ave. E., Suite 200, Toronto, Ontario M2N 1A4, fax: 416-326-5566, within the next seven (7) days. Should the licensee fail to provide suspension dates to the Board, the Board shall set the dates for the suspensions without further consultation with the licensee. The suspension cannot commence for at least twenty (20) days following notification and must be completed with ninety (90) days of today's date.
DATED AT TORONTO, THIS 3 DAY OF MAY, 2010
RESPECTFULLY SUBMITTED,
ERIC CLAUDE LEGAULT DANIEL ALAKAS
"I have authority to bind the Registrar's Counsel corporate licence"