ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Gaming Control Act, 1992, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission of Ontario Registrar
-and-
1744516 Ontario Limited operating as Exmouth Convenience Registrant
DECISION AND ORDER
Panel: Patricia McQuaid, Vice-Chair, AGCO Decision Date: September 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 ) Susan Majerovich, Representative 1744516 Ontario Limited o/a ) Exmouth Convenience, Registrant ) Paul Golian, Representative
Allegations
1A teleconference hearing into a Notice of Proposed Order dated March 15, 2010 to revoke the registration of 1744516 Ontario Limited operating as EXMOUTH CONVENIENCE (the "Registrant"), 1668 Seymour Crescent, London, Ontario, N6G 5N7, as a gaming supplier, file number 167933, on the basis that there are reasonable grounds to believe that the Registrant will not act as a gaming supplier in accordance with law, or with integrity, honesty, or in the public interest having regard to the past conduct of the Registrant in contravention of the Gaming Control Act, 1992, was held on September 17, 2010 in the City of Toronto.
2Ms Majerovich, the Registrar's Representative, and Mr. Golian, the Registrant's Representative, confirmed their consent, pursuant to Rule 14.6 of the AGCO Revised Rules of Practice that the Vice-Chair who conducted the pre-hearing in this matter, preside over this hearing.
3Ms Majerovich and Mr. Golian submitted an Agreed Statement of Facts and Joint Submission on Disposition (Exhibit #1) which form part of this decision. It was agreed and admitted that:
- From May 15, 2007 through June 12, 2009, Mr. Nabbouh was convicted of six offences under the Highway Traffic Act, and on six different occasions has had his driver's licence suspended.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the registration of 1744516 Ontario Limited operating as EXMOUTH CONVENIENCE, 1668 Seymour Crescent, London, Ontario, N6G 5N7, as a gaming supplier, file number 167933, be suspended for FIVE (5) consecutive days to commence at 12:01 a.m. on Tuesday, September 21, 2010 and continuing until 11:59 p.m. on Saturday, September 25, 2010, inclusive.
5Further, the Board confirms its oral ORDER that the following be attached to the Terms of the Registration:
Ghassan Nabbouh on behalf of 1744516 Ontario Limited operating as Exmouth Convenience has read and understands their responsibilities under the Gaming Control Act, 1992, Regulations and the Terms and Conditions of Lottery Licences, including rules of play, which are enclosed for their information.
Ghassan Nabbouh shall advise the Deputy Registrar in writing within ten (10) days of any and all charges, convictions and findings of guilt including where an absolute or conditional discharge is granted or other disposition is made of any charge under any legislation and in any jurisdiction (including but not limited to the Criminal Code and the Ontario Highway Traffic Act).
DATED AT TORONTO THIS 17th DAY OF September , 2010.
PATRICIA MCQUAID, VICE-CHAIR, AGCO
Attached
IN THE MATTER OF THE GAMING CONTROL ACT, 1992, S.O. 1992, CHAPTER 24 AND REGULATIONS, AS AMENDED
AND IN THE MATTER OF THE NOTICE OF PROPOSED ORDER TO REVOKE THE REGISTRATION AS A GAMING SUPPLIER OF 1744516 ONTARIO LIMITED O/A EXMOUTH CONVENIENCE
AGREEMENT
The Registrant acknowledges that legal counsel has been consulted and independent legal advice has been obtained prior to entering into this Agreement.
Agreed Statement of Facts
The Registrant and Registrar's Counsel agree to the following facts:
1744516 Ontario Limited o/a Exmouth Convenience has been registered as a gaming supplier, in the class of Lottery Retailer and Break Open Ticket Seller under the Act since December 9, 2008.
Ghassan Fadl Nabbouh (Mr. Nabbouh) is the sole director and owner of 1744516 Ontario Limited o/a Exmouth Convenience.
From May 15, 2007 until June 12, 2009, Mr Nabbouh was convicted of 6 offences under the Highway Traffic Act, and on 6 different occasions has had his driver's licence suspended.
Joint Submission Regarding Disposition
Counsel for the Registrar and the Registrant 1744526 Ontario Limtied o/a Exmouth Convenience jointly submit that the following disposition is appropriate in the circumstances:
The Registrant hereby withdraws the request for a hearing into this matter.
The Registrant agrees that the registration as a lottery retailer and break open ticket seller of 1744516 Ontario Limited o/a Exmouth Convenience shall be subject to the following Term of Registration:
Ghassan Nabbouh on behalf of 1744516 Ontario Limited operating as Exmouth Convenience has read and understands their responsibilities under the Gaming Control Act, 1992, Regulations and the Terms and Conditions of Lottery Licences, including rules of play, which are enclosed for their information.
Ghassan Nabbouh shall advise the Deputy Registrar in writing within ten (10) days of any and all charges, convictions and findings of guilt including where an absolute or conditional discharge is granted or other disposition is made of any charge under any legislation and in any jurisdiction (including but not limited to the Criminal Code and the Ontario Highway Traffic Act).
The Registrant, 1744516 Ontario Limited o/a Exmouth Convenience shall serve a five (5) day suspension of its registration as a lottery retailer and break open ticket seller.
The Registrar and the Registrant, 1744516 Ontario Limited o/a Exmouth Convenience, agree that the Suspension shall take effect 12:01 a.m. on Tuesday, September 21, 2010 and continue consecutively and inclusively until 11:59 p.m. on Saturday, September 25, 2010.
Dated this 16th day of September, 2010
__________________________________________ September 16, 2010 1744516 Ontario Limited o/a Exmouth Convenience Date "I have authority to bind the Registrant"
_______________________________ September 16, 2010 Counsel to the Registrant, Paul Golian Date
__________________________________ September 16, 2010 Susan Majerovich Date Counsel to the Registrar, AGCO