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-
Cong-Ho Enterprises Limited operating as Office (The)
Licensee
DECISION
Panel: David C. Gavsie, Chair, AGCO Kirsti Hunt, Vice-Chair
Decision Date: June 30, 2010
Hearing Location: Thunder Bay, 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 Cong-Ho Enterprises Limited, Licensee ) David Bruzzese, Representative
[1]. A hearing into Notice of Proposal number 17835 dated January 20, 2010 to suspend liquor licence number 202929 issued to Cong-Ho Enterprises Limited (the “Licensee”) operating as OFFICE (THE), 16 Cumberland Street South, Thunder Bay, Ontario, P7B 2T2 (the “premises”), on the basis of alleged violations of subsection 30(3) 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 June 22, 2010 in the City of Thunder Bay.
[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 September 9, 2009, the Licensee called police due to unwanted patrons. An intoxicated 18-year-old entered the premises’ patio while staff were inside awaiting police. Someone bought the minor a beer which she was consuming on the patio for a period of 15 to 20 minutes without intervention by staff.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30(4) of the LLA and subsection 45(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegation.
Order
[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 202929 issued to Cong-Ho Enterprises Limited operating as OFFICE (THE), 16 Cumberland Street South, Thunder Bay, Ontario, P7B 2T2, be SUSPENDED for FIFTEEN (15) consecutive days to COMMENCE at 11:00 a.m. on September 5, 2010, and CONTINUE until 2:00 a.m. on September 20, 2010.
DATED AT TORONTO THIS 30th DAY OF June , 2010.
DAVID C. GAVSIE, CHAIR, AGCO KIRSTI HUNT, VICE-CHAIR
Attached
IN THE MATTER OF THE OFFICE
AND IN THE MATTER OF LIQUOR LICENCE NO. 202929
AND IN THE MATTER OF NOTICE OF PROPOSAL NO. 17835
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel and the Registrar, agree to the following facts:
On Sept. 9, 2009, the licensee called police due to unwanted patrons. An intoxicated 18 year old entered the premises’ patio while staff were inside awaiting police. Someone bought the minor a beer which she was consuming on the patio for a period of 15-20 minutes without intervention by staff.
Based on paragraph 1, the licensee permitted a minor to consume, contrary to s. 30(4) of the Liquor Licence Act, and permitted drunkenness, contrary to section 45 (1) of the O.Reg 719/90 under the LLA.
The licensee was suspended for 12 days in 2005 and 14 days in 2008, in part for a similar breach.
The licensee has cooperated with the Commission and shown remorse.
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 the licence for 15 days commencing at 11am on Sunday Sept. 5, 2010 and ending at 2 am on Monday Sept. 20, 2010.
Upon the Board accepting the agreed statement of facts and joint submission on disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
Dated at Thunder Bay this 22nd day of June, 2010
Buu Ngoc Couh Huyen Phillip Morris
For the licensee Registrar’s Counsel