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-
2057105 Ontario Ltd., operating as Fox & Fiddle Mansion
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO
Decision Date: December 23, 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
2057105 Ontario Ltd.., Licensee ) Jerry Levitan, Representative
[1]. A hearing into Notice of Proposal number 18105 dated June 4, 2010 to suspend liquor licence number 23829 (the “licence”) issued to 2057105 Ontario Ltd. (the “Licensee”), operating as FOX & FIDDLE MANSION, 1294 Kingston Road, Pickering, Ontario, L1V 1B7, on the basis of alleged violations of subsection 30(4) of the Liquor Licence Act (the “LLA”) and subsections 34(1) and 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA was held on December 10, 2010 in the City of Toronto.
[2]. By way of preliminary matters, Mr. Morris and Mr. Levitan provided their consent to have the Board member hear the matter despite her having presided over the pre-hearing conference. Further, they requested that the incident of August 5, 2010 be determined in this hearing though not included in the NOP, to which the Board agreed.
[3]. 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 January 23, 2010 and March 27, 2010 respectively, there was a drunk person in the licensed premises.
On February 27, 2010, there were 2 persons under the age of 19 consuming liquor in the licensed premises. There was a drunk person in the licensed premises.
On August 5, 2010, a fight started in the licensed premises and moved outside. A bystander was injured by a thrown bottle inside the licensed premises. There were drunk persons inside the establishment.
[4]. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30(4) of the LLA and subsection 45(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegation.
Order
[5]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 23829 issued to 2057105 Ontario Ltd., operating as FOX & FIDDLE MANSION, 1294 Kingston Road, Pickering, Ontario, L1V 1B7, be SUSPENDED for TWENTY-ONE (21) consecutive days to COMMENCE at 11:00 a.m. on January 16, 2011, and CONTINUE until 2:00 a.m. on February 6, 2011.
DATED AT TORONTO THIS 23 DAY OF DECEMBER , 2010.
PATRICIA MCQUAID, VICE-CHAIR, AGCO
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 2057105 ONTARIO LTD. OPERATING AS
FOX & FIDDLE MANSION
LICENCE NUMBER 23829
AGREED STATEMENT OF FACTS
The Licensee, after consultation with counsel, and the Registrar agree to the following facts:
On January 23, 2010 and March 27, 2010 respectively, there was a drunk person in the licensed premises.
Based on paragraph 1, the Licensee breached subsection 45(1) of O.Reg 719/90.
On February 27, 2010, there were 2 persons under the age of 19 consuming liquor in the licensed premises. There was a drunk person in the licensed premises.
Based on paragraph 3, the Licensee breached subsection 30(4) of the LLA and subsection 45(1) of O.Reg 719/90.
On August 5, 2010, a fight started in the licensed premises and moved outside. A bystander was injured by a thrown bottle inside the licensed premises. There were drunk persons inside the establishment.
Based on paragraph 5, the Licensee breached subsection 45(1)(drunk and disorderly conduct) on O.Reg 719/90.
The Licensee has shown remorse and co-operated with the Commission.
The Licensee was suspended for 10 days in 2005 and 5 days in 2006.
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. 23829 for a period of 21 days commencing at 11:00 a.m. on January 16, 2011 and ending at 2:00 a.m. on February 6, 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 2^ND^ DAY OF DECEMBER, 2010.
RESPECTFULLY SUBMITTED,
Mohanathas Thirunavukkarasu Phillip Morris
For Registrar’s Counsel
Licensee