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-
SWSD Enterprises Inc., operating as Frugal MacDougalls' Licensee
DECISION AND ORDER
Panel: David C. Gavsie, Chair, AGCO Brian J. Ford, Board Member
Decision Date: January 26, 2011
Hearing Location: Hamilton, 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 ) Richard Kulis, Representative
Allegations
1A hearing into Notice of Proposal number 18266 dated August 31, 2010 to revoke liquor licence number 23980 (the "licence") issued to SWSD Enterprises Inc., (the "Licensee") operating as FRUGAL MACDOUGALLS' RESTAURANT AND PUB, 74 -76 Baker Street, Guelph, Ontario, N1H 4G1 (the "establishment" or the "premises"), on the basis of alleged violations of section 56 of Ontario Regulation 719/90 (the "O.Reg") was held on December 16, 2010 in the City of Hamilton.
Preliminary Matters
2Mr. Kulis advised the Board that the representative for the SWSD Corporation one Mr. William Scott McDougall was not present and that attempts to locate him had failed. He also advised the Board that he had had several conversations with the owner and that he was aware of the hearing being held and where it was being held.
3Hearing Chair, David Gavsie read the affidavit of Service, Exhibit #1, into the record. The affidavit of service was dated December 8, 2010 and sworn to by A. Rabess before a Commissioner of Oaths, E. Eger.
4The affidavit of service was accompanied by the Notice of Hearing to Mr. William Scott MacDougall c/o Frugal MacDougalls' Restaurant and Pub, 74-76 Baker Street, Guelph, N1H 4G1, dated October 26, 2010, signed by Paula Konstantinidis.
5Chair Gavsie, after waiting 30 minutes past the hearing start time asked the Registrar's Representative if he wished to proceed ex parte. Mr. Kulis responded that he wished to proceed.
Registrars' Evidence
6Ken Geddes is an AGCO Liquor Inspector. He informed the Board that he was familiar with Frugal MacDougalls' and that he had attended at the establishment on August 6, 2010.
7Inspector Geddes stated that when he attended the establishment on August 6, 2010, at 12:15 a.m., he found the premises closed and not operating. He stated the premises were empty and there was a for sale sign for the building in front of the property.
8Inspector Geddes also informed the Board that the phone number for the establishment was out of service.
9Inspector Geddes, when asked, stated that he had not returned to the establishment since August 6, 2010.
10Inspector Geddes also advised the Board that there was no change in status of the licence.
11Mr. Kulis advised the Board that the Licensee and or his wife were aware of the Hearing and the process of surrendering the Liquor Licence in order to avoid a revocation. He also advised that there has been no further contact with the AGCO on the part of the Licensee.
Order
12The Board on hearing the evidence FINDS that there is a breach of section 56 of O.Reg 719/90 in that the Licensee failed to surrender the Liquor Licence. The Board therefore REVOKES liquor licence number 23980 issued to SWSD Enterprises Inc., operating as FRUGAL MACDOUGALLS' RESTAURANT AND PUB, 74-76 Baker Street, Guelph, Ontario, NIH 4G1 be REVOKED effective immediately.
DATED AT TORONTO THIS 26 DAY OF JANUARY , 2011
DAVID C. GAVSIE, CHAIR, AGCO BRIAN J. FORD, BOARD MEMBER