ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
BETWEEN:
Registrar, Alcohol and Gaming Commission of Ontario Registrar
-and-
2101875 Ontario Inc. operating as Bert N Ernie’s Fun Food Factory Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO S. Grace Kerr, Board Member
Decision Date: December 31, 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 ) Tamara Brooks, Representative 2101875 Ontario Inc., Licensee ) Suvendiran Poopalasingham, ) On behalf of the Corporate Licensee
A hearing into Notice of Proposal number 17937 dated March 10, 2010 to suspend liquor licence number 812045 (the “licence”) issued to 2101875 Ontario Inc. (the “Licensee”), operating as BERT N ERNIE’S FUN FOOD FACTORY, 735 Renforth Drive, Etobicoke, Ontario, M9C 2N8, on the basis of alleged violations of subsection 30(4) of the Liquor Licence Act (the “LLA”) and subsection 41(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on December 16, 2010 in the City of Toronto.
Suvendiran Poopalasingham appeared on behalf of the Corporate Licensee and waived the right to be represented by a legal representative.
Ms Brooks and Mr. Poopalasingham 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:
On January 8, 2010, a minor was consuming alcohol in the licensed premises. The licence holder failed to inspect the identification of the minor.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30(4) of the LLA and subsection 41(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 number 812045 issued to 2101875 Ontario Inc., operating as BERT N ERNIE’S FUN FOOD FACTORY, 735 Renforth Drive, Etobicoke, Ontario, M9C 2N8, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on March 4, 2011, and CONTINUE until 2:00 a.m. on March 11, 2011.
DATED AT TORONTO THIS 31st DAY OF December , 2010.
PATRICIA MCQUAID, VICE-CHAIR, AGCO S. GRACE KERR, BOARD MEMBER
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT R.S.O. 1990, chapter L.19, subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF 2101875 ONTARIO INC. OPERATING AS BERT N ERNIES FUN FOOD EATERY LICENCE NUMBER 812045 NOTICE OF PROPOSAL NUMBER 17937
AGREED STATEMENT OF FACTS
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and having waived that right, and Registrar agree to the following facts:
On January 8, 2010, a minor was consuming alcohol in the licensed premises. The licence holder failed to inspect the identification of the minor.
Based on the fact in paragraph 1, the licence holder admits to violations of section 41(1) of Ontario Regulation 719/90 under the Liquor Licence Act and subsection 30(4) of the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
The Licensee, after consultation with counsel or having been advised of the right to counsel and having waived that right, 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. 812045 for a period of 7 days commencing at 11:00a.m. on March 4, 2011 and ending at 2:00 a.m. on March 11, 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 No. 17937.
Dated at Toronto this 16th day of December, 2010
Suvendiran Poopalasingham For the Licence Holder
Tamara Brooks, Counsel for the Registrar of Alcohol and Gaming