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-
1767861 Ontario Inc. operating as O’Grady’s Tap & Grill
Licensee
Amended DECISION
Panel: David C. Gavsie, Chair, AGCO
Jacqueline Castel, Board Member
Decision Date: November 17, 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
1767861 Ontario Inc., Licensee ) Jerry Levitan, Representative
A hearing into Notice of Proposal number 18023 dated April 22, 2010 to suspend liquor licence number 91994 (the “licence”) issued to 1767861 Ontario Inc. (the “Licensee”) operating as O’GRADY’S TAP & GRILL, 171 College Street, Toronto, Ontario, M5T 1P7, on the basis of alleged violations of subsection 30(4) of the Liquor Licence Act (the “LLA”) and section 43 and subsections 34(1), 41(1), and 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on October 5, 2010 in the City of Toronto.
Mr. Morris and Mr. Levitan 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 February 5, 2010, a patron removed liquor from the licensed premises. There was an intoxicated patron consuming liquor in the licensed premises. There were two 17 year olds and an 18 year old consuming liquor in the licensed premises.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30(4) of the LLA and subsections 34(1) and 45(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegations.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence 91994 issued to 1767861 Ontario Inc. operating as O’GRADY’S TAP & GRILL, 171 College Street, Toronto, Ontario, M5T 1P7, be SUSPENDED for TWELVE (12) consecutive days to COMMENCE at 11:00 a.m. on January 2, 2011, and CONTINUE until 2:00 a.m. on January 14, 2011.
DATED AT TORONTO THIS 17th DAY OF November , 2010.
DAVID C. GAVSIE, CHAIR, AGCO JACQUELINE CASTEL, 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 1767861 ONARIO INC. OPERATING AS
O’GRADY’S TAP & GRILL,
171 COLLEGE ST. TORONTO
LICENCE NUMBER 91994
AND IN THE MATTER OF A NOTICE OF PROPOSAL NO.
18023 ISSUED APRIL 22, 2010
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On Feb. 5, 2010, a patron removed liquor from the licensed premises. There was an intoxicated patron consuming liquor in the licensed premises. There were two 17 year olds and an 18 year old consuming liquor in the licensed premises.
Based on paragraph 1, the licensee breached s. 34(1) and 45(1) of Ont. Reg. 719/90 and s. 30(4) of the Liquor Licence Act respectively.
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. 91994 for a period of 12 days commencing at 11:00 a.m. on January 2, 2011 and ending at 2:00 a.m. on January 14, 2011.
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.
DATED AT TORONTO THIS 5TH DAY OF OCTOBER, 2010
RESPECTFULLY SUBMITTED,
John Hyka Phillip Morris
for Registrar’s Counsel
licensee