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-
1584478 Ontario Inc. operating as Rum Jungle Eatery
Licensee
DECISION
Panel: Allan Higdon, Board Member
Decision Date: January 20, 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 1584478 Ontario Inc., Licensee ) Angelo P. Fazari, Representative
A teleconference hearing into Notice of Proposal number 17261 dated August 25, 2009, to suspend liquor licence number 202297, issued to 1584478 Ontario Inc. (the “Licensee”), operating as RUM JUNGLE EATERY, 22 Lock Street, St. Catharines, Ontario, L2N 5B5, on the basis of an alleged violation of section 29 and subsection 30(4) of the Liquor Licence Act (the “LLA”) and subsections 34(1), 41(1) and 45(1) of Ontario Regulation 719/90 (the “O. Reg”) made pursuant to the LLA, was held on January 15, 2010 in the City of Toronto.
Mr. Morris and Mr. Fazani 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 June 29, 2008, there were 3 drunken patrons in the licensed premises, one of whom was a minor.
- Based on the Agreed Statement of Facts, the Board finds that 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 allegations.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 202297, issued to 1584478 Ontario Inc., operating as RUM JUNGLE EATERY, 22 Lock Street, St. Catharines, Ontario, L2N 5B5, be SUSPENDED for EIGHT (8) consecutive days to COMMENCE at 11:00 a.m. on May 16, 2010 and CONTINUE until 2:00 a.m. on May 24, 2010.
DATED AT TORONTO THIS 20th DAY OF January , 2010.
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 1584478 ONTARIO INC. OPERATING AS RUM JUNGLE EATERY, 12 LOCK STREET, ST. CATHARINES
LICENCE NO. 202097
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED AUGUST 25, 2009 (No. 17261)
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar’s counsel agree to the following facts:
On June 29, 2008, there were 3 drunken patrons in the licensed premises, one of whom was a minor.
Based on the facts in paragraph 1, the licensee breached s. 30(4) Liquor Licence Act and s. 45(1) of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
page 2
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. 202297 for a period of 8 days commencing at 11:00 a.m. on May 16, 2010 and ending at 2:00 a.m. on May 24, 2010.
The Board having accepted the Agreed Statement of Facts and the Joint Submissions on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 23RD DAY OF NOVEMBER, 2009.
RESPECTFULLY SUBMITTED,
Connie LioLios Phillip Morris
for Registrar’s Counsel
licensee