Registrar, Alcohol and Gaming Commission of Ontario v. 2171611 Ontario Inc., 2010 CanLII 81029

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-

2171611 Ontario Inc. operating as Local Company (The) Licensee

DECISION

Panel: Joan Lougheed, Board Member Patricia E. McQuaid, Vice-Chair

Decision Date: November 25, 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 2171611 Ontario Inc., Licensee: Adam Vassos, Representative

1A hearing into Notice of Proposal number 17987 dated April 1, 2010 to suspend liquor licence number 813396 (the "licence") issued to 2171611 Ontario Inc. (the "Licensee") operating as LOCAL COMPANY (THE), 511 Danforth Avenue, Toronto, Ontario, M4K 1P5 on the basis of an alleged violation of subsection 45(1) of Ontario Regulation 719/90 (the "O.Reg") under the Liquor Licence Act (the "LLA") was held on October 29, 2010 in the City of Toronto.

2Mr. Morris and Mr. Vassos 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 November 29, 2009, the licensee straight-armed a neighbour causing injuries.

3Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of O.Reg 719/90 under the LLA.

Order

4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 813396 issued to 2171611 Ontario Inc. operating as LOCAL COMPANY (THE), 511 Danforth Avenue, Toronto, Ontario, M4K 1P5, be SUSPENDED for THIRTEEN (13) consecutive days to COMMENCE at 11:00 a.m. on January 2, 2011, and CONTINUE until 2:00 a.m. on January 15, 2011.

DATED AT TORONTO THIS 25 DAY OF November, 2010.

PATRICIA E. McQUAID, VICE-CHAIR, AGCO JOAN LOUGHEED, 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 2171611 ONTARIO INC. OPERATING AS LOCAL COMPANY LICENCE NUMBER 813396

AND IN THE MATTER OF A NOTICE OF PROPOSAL NO. 17987 ISSUED APRIL 1, 2010

AGREED STATEMENT OF FACTS

The Licensee, after consultation with counsel, and the Registrar agree to the following facts:

1. On November 29, 2009, the licensee straight-armed a neighbour causing injuries.
2. Based on paragraph 1, the licensee breached subsection 45(1) of O.Reg 719/90.
3. The Licensee has shown remorse and co-operated with the Commission.
4. The licensee has no prior record of discipline imposed by the Board.

JOINT SUBMISSION ON DISPOSITION

The Licencee, 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:

1. The Board shall suspend licence no. 813396 for a period of 13 days commencing at 11:00 a.m. on January 2, 2011 and ending at 2:00 a.m. on January 15, 2011.
2. 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.