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-
ClubLink Corporation operating as The Lake Joseph Club
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO Allan Higdon, Board Member
Decision Date: , 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 ClubLink Corporation, Licensee ) R.S.M. Woods and Michael Mercer, ) Representatives
A hearing into Notice of Proposal number 17236 dated May 6, 2009 to suspend liquor licence number 80075, issued to ClubLink Corporation (the “Licensee”), operating as THE LAKE JOSEPH CLUB, Elgin House Road, Muskoka Lakes Township, Port Carling, Ontario, P0B 1J0, (the “premises”), on the basis of alleged violations of section 29 of the Liquor Licence Act (the “LLA”) and subsection 45(1) of Ontario Regulation 719/90, made pursuant to the LLA, was held on January 18, 2010 in the City of Toronto.
Mr. Morris and Mr. Woods 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 July 3, 2008, four patrons consumed liquor and became intoxicated in the licensed premises. They then drove away. Three of the patrons died in a single motor vehicle accident, one of them the driver.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 of the LLA. The Board accepted the withdrawal of the remaining allegation.
Order
- Therefore, having considered the Joint Submission on Disposition and oral submissions from Mr. Morris and Mr. Woods, the Board confirms its oral ORDER that liquor licence number 80075, issued to ClubLink Corporation, operating as THE LAKE JOSEPH CLUB, Elgin House Road, Muskoka Lakes Township, Port Carling, Ontario, P0B 1J0, be SUSPENDED for FORTY-FIVE (45) consecutive days to COMMENCE at 11:00 a.m. on June 1, 2010, and CONTINUE until 2:00 a.m. on July 16, 2010.
DATED AT TORONTO THIS DAY OF , 2010.
PATRICIA MCQUAID, VICE-CHAIR ALLAN HIGDON, 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 CLUBLINK CORPORATION OPERATING AS THE LAKE JOSEPH CLUB, ELGIN HOUSE ROAD, MUSKOKA LAKES TOWNSHIP, PORT CARLING LICENCE NO. 80075
AND IN THE MATTER OF A NOTICE OF PROPOSAL (NO. 17236) ISSUED MAY 6, 2009
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On July 3, 2008, four patrons consumed liquor and became intoxicated in the licensed premises. They then drove away. Three of the patrons died in a single motor vehicle accident, one of them the driver.
Based on paragraph 1, the licensee breached s. 29 of the Liquor Licence Act by selling liquor to intoxicated patrons.
The licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
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JOINT SUBMISSIONS ON DISPOSITION
The licensee, after consultation with counsel, and the Registrar jointly submit that the following disposition is appropriate in these circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 80075 for a period of 45 days commencing at 11:00 a.m. on June 1, 2010 and ending at 2:00 a.m. on July 16, 2010.
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 1st DAY OF DECEMBER, 2009.
RESPECTFULLY SUBMITTED,
Robert Visentin Phillip Morris
for Registrar’s Counsel
licensee