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 Ontario Registrar
-and-
1614095 Ontario Inc. operating as The Nutty Parrot Licensee
DECISION
Panel: Brian J. Ford, Board Member Allan Higdon, Board Member
Decision Date: December 21, 2010 Hearing Location: Kitchener, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 200 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 1614095 Ontario Inc., Licensee ) Linda Sue Kelly, on her own behalf ) and on behalf of the Corporation
A hearing into Notice of Proposal number 17948 dated March 18, 2010 to suspend liquor licence number 803818 (the "licence") issued to 1614095 Ontario Inc. (the "Licensee") operating as THE NUTTY PARROT, 30-32 Water Street South, Cambridge, Ontario, N1R 3C5 on the basis of alleged violations of subsection 30(4) of the Liquor Licence Act (the "LLA") and subsections 41(1) and 45(1) of Ontario Regulation 719/90 (the "O.Reg") made pursuant to the LLA, was held on October 21, 2010 in the City of Kitchener.
Linda Sue Kelly is the sole officer, director and shareholder of the Licensee. She appeared on her own behalf and on behalf of the Corporation and waived the right to be represented by a licensed representative.
Mr. Morris and Ms. Kelly 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 January 30, 2009, a drunk 18 year old patron who had been served liquor at the licensed premises drove away from the establishment and became involved in an automobile accident.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30(4) of the LLA and subsection 45(1) of O.Reg 719/90. The Board accepted the withdrawal of the remaining allegation.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 803818 (the "licence") issued to 1614095 Ontario Inc. (the "Licensee") operating as THE NUTTY PARROT, 30-32 Water Street South, Cambridge, Ontario, N1R 3C5, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on February 1, 2011, and CONTINUE until 2:00 a.m. on February 15, 2011.
DATED AT TORONTO THIS 21 DAY OF DECEMBER, 2010.
BRIAN J. FORD, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER
Attached
IN THE MATTER OF NUTTY PARROT LIQUOR LICENCE NO. 803818 NOTICE OF PROPOSAL NO. 17948
AGREED STATEMENT OF FACTS
The licensee, having been advised of the right to counsel and having waived that right, and the Registrar agree to the following facts:
- On January 30, 2009, a drunk 18 year old patron who had been served liquor at the licensed premises drove away from the establishment and became involved in an automobile accident.
- Based on paragraph 1, the licence holder breached subsection 30(4) of the LLA and subsection 45(1) of O.Reg 719/90.
- The Licensee has no prior record with the Commission.
- The Licensee has shown remorse and cooperated with the Commission.
JOINT SUBMISSION ON DISPOSITION
The licensee, having been advised of the right to counsel and having waived that right, and the Registrar agree to the following facts:
- The Board shall suspend licence number 803818 for a period of 14 days, commencing February 1, 2011 at 11 a.m. and ending February 15, 2011 at 2 a.m.
- The Board having accepted the Agreed Statement of Facts and Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
Dated at Kitchener this 19th day of October, 2010.
Linda Sue Kelly Phillip Morris For the Licensee Registrar's Counsel