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-
Kentley Corp. operating as London Mansion
Licensee
DECISION
Panel: Beryl Ford, Board Member Joan Lougheed, Board Member
Decision Date: July 30, 2010
Hearing Location: London, 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
Kentley Corp., Licensee ) Pradeep Chand, Representative
[1]. A hearing into Notice of Proposal number 17622 dated October 16, 2009 to suspend liquor licence number 812889 (the "licence") issued to Kentley Corp. (the "Licensee") operating as LONDON MANSION, 89 King Street, London, Ontario N6A 1C1, 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 March 17, March 30 and July 26, 2010 in the City of London.
[2]. Mr. Morris and Mr. Chand 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 September 12, 2008, there were four intoxicated patrons in the licensed premises. One of them was served liquor while intoxicated.
- On May 2, 2009, an intoxicated patron was served liquor 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.
Order
[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 812889 issued to Kentley Corp. operating as LONDON MANSION, 89 King Street, London, Ontario N6A 1C1, be SUSPENDED for TWENTY-FIVE (25) consecutive days to COMMENCE at 11:00 a.m. on August 2, 2010, and CONTINUE until 2:00 a.m. on August 27, 2010.
DATED AT TORONTO THIS 30th DAY OF July , 2010.
BERYL FORD, BOARD MEMBER JOAN LOUGHEED, BOARD MEMBER
Attached
London Mansion
Licence No. 812889
Notice of Proposal No. 17622
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar, agree to the following facts:
On Sept. 12, 2008, there were 4 intoxicated patrons in the licensed premises. One of them was served liquor while intoxicated. On May 2, 2009, an intoxicated patron was served liquor in the licensed premises.
Based on paragraph 1, the licensee breached s. 29 of the Liquor Licence Act (service to intoxicated patron) and s. 45(1) of Ont. Reg. 719/90 (permit drunkenness).
The licensee has shown remorse and cooperated with the Commission.
The licensee was suspended for 8 days and 13 days in 2009 for similar breaches that had occurred in 2008.
JOINT SUBMISSION ON DISPOSITION
The licensee, after consultation with counsel, and the Registrar, submit that the following disposition is appropriate as a matter of specific and general deterrence:
- The Board shall suspend licence no. 812889 for a period of 25 days, commencing at 11AM on August 2, 2010 and ending at 2AM on August 27, 2010.
Dated at Toronto this 26th day of July, 2010.
Mike Assaf Phillip Morris
for licensee Registrar's Counsel