ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
BETWEEN:
Registrar, Alcohol and Gaming Commission of Ontario Registrar
-and-
Joan Marie Brunette operating as 8 Ball Deliveries Licensee
ORDER
Panel: David C. Gavsie, Chair, AGCO Patricia E. McQuaid, Vice-Chair, AGCO
Decision Date: November 5, 2010
Hearing Location: Kitchener, 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
Allegations
1A hearing into Notice of Proposal number 18153 dated June 21, 2010 to revoke liquor licence number 58743 (the “licence”) issued to Joan Marie Brunette (the “Licensee”) operating as 8 BALL DELIVERIES, 34 Fairgreen Close, Cambridge, Ontario, N1T 1T6 (the “establishment” or the “premises”), on the basis of alleged violations of clauses 6(2)(d) and 6(2)(e) of the Liquor Licence Act (the “LLA”) was held on November 2, 2010 in the City of Kitchener.
Order
2The licence holder, Joan Marie Brunette, did not attend the hearing though served with a Notice of Hearing on or about September 16, 2010. Further, Ms Brunette advised the Hearings Office by telephone on November 2, 2010 that she did not intend to appear at the hearing. In the circumstances, Mr. Morris requested that the matter proceed ex parte, which request was granted.
3Based on the evidence and submissions from Mr. Morris, the Board issued an Oral Order.
4The Board FINDS that there have been breaches to clauses 6(2)(d) and 6(2)(e) of the LLA. The Board therefore REVOKES liquor delivery service licence number 58743 issued to Joan Marie Brunette operating as 8 BALL DELIVERIES, 34 Fairgreen Close, Cambridge, Ontario, N1T 1T6, pursuant to subsection 6(2)(d) and 6(2)(e) of the LLA. Written reasons for the decision will follow this Order.
DATED AT TORONTO THIS 5th DAY OF November, 2010
DAVID C. GAVSIE, CHAIR, AGCO PATRICIA E. McQUAID, VICE-CHAIR, AGCO