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-
1634811 Ontario Inc., operating as Boston Pizza Sudbury Licensee
DECISION ON FINDINGS
Panel: Bruce Miller, Board Member Allan Higdon, Board Member
Decision Date: February 22, 2011
Hearing Location: Sudbury, 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 1634811 Ontario Inc., Licensee ) Gordon Conley, Representative
Allegations
- A hearing into Notice of Proposal number 17851 dated February 9, 2010 to suspend liquor licence number 811598 (the “licence”) issued to 1634811 Ontario Inc. (the “Licensee”) operating as BOSTON PIZZA SUDBURY, 120 Donna Drive, Sudbury, Ontario, P3B 4K6, (the “establishment” or the “premises”), on the basis of alleged violation of section 29 of the Liquor Licence Act (the “LLA”) and section 25 and subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA was held on October 21, 2010 in the City of Sudbury.
Decision
The Board FINDS the Licensee in breach of subsection 45(1) and section 25 of Ontario Regulation 719/90 under the Liquor Licence Act.
The Board DECLINES to make a finding under section 29 of the Liquor Licence Act.
Preliminary Matters
Licensee's Counsel requested the exclusion of witnesses which was agreed to upon consent.
Registrar's Counsel noted the allegation of a breach of section 25 of Regulation 719/90 regarding liquor sold and served in the licensed premises outside of prescribed hours has been agreed to by both parties.
Registrar’s Evidence
- Devin Ducharme is a resident of Sudbury. He testified he was on his way home as a passenger in a car being driven on La Salle Street. He noted one