ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: ALCOHOL AND GAMING REGULATION AND PUBLIC PROTECTION ACT S.O. 1996, C.26, S.14.1, SCH
B E T W E E N:
Registrar, Alcohol and Gaming Commission of Ontario Registrar
-and-
2178229 Ontario Inc. operating as Boston Pizza Pickering Licensee
DECISION
Panel: Beryl Ford, Board Member Decision Date: February 23, 2011 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 ) Lorenzo Policelli, Representative 2178229 Ontario Inc., Licensee ) René Liebs-Benke, Representative
Allegations
[1]. A hearing into the appeal of Order of Monetary Penalty (“OMP”) number 247 dated July 20, 2010, issued to 2178229 Ontario Inc. (the “Licensee”), operating as BOSTON PIZZA, 1899 Brock Road, Pickering, Ontario, L1V 4H7 (the “establishment” or the “premises”), liquor licence number 806537 (the “Licence”), pursuant to section 14.1 of the Alcohol and Gaming Regulation and Public Protection Act, 1996, in respect of an alleged violation of section 43 of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act (the “LLA”), was held on February 17, 2011 in the City of Toronto.
[2]. Mr. Policelli and Mr. Liebs-Benke submitted an Agreement (Exhibit #1) which form part of this decision. It was agreed and admitted that:
On March 28, 2010, there were no more than 275 persons in an area licensed for 196 persons.
[3]. Based on the Agreement, the Board found the Licensee breached section 43 of the O.Reg.
Order
[4]. Therefore, having considered the Agreement amending the OMP, the Board UPHOLDS the alleged violations contained in OMP number 247 dated July 20, 2010, issued to 2178229 Ontario Inc., operating as BOSTON PIZZA, 1899 Brock Road, Pickering, Ontario, L1V 4H7, liquor licence number 806537, and CONFIRMS the monetary penalties sought by the Registrar in the amount of $2,000.
DATED AT TORONTO THIS 23rd DAY OF February , 2011
BERYL FORD, BOARD MEMBER
IN THE MATTER OF THE ALCOHOL AND GAMING REGULATION AND PUBLIC PROTECTION ACT S.O. 1996, c. 26, section 14.1, Sch.
AND IN THE MATTER OF THE LIQUOR LICENCE OF 2178229 ONTARIO INC. OPERATING AS BOSTON PIZZA, PICKERING, 1899 BROCK ROAD, PICKERING LIQUOR LICENCE NO. 806537
AGREED ORDER of MONETARY PENALTY #0000000247
AGREEMENT
A. Independent Legal Advice
The Licence Holder acknowledges that the Licence Holder has consulted with legal counsel and has obtained independent legal advice prior to entering into this Agreement.
B. Agreed Statement of Facts
The Licence Holder and Registrar’s Counsel agree to the following:
- On March 28, 2010, there were no more than 275 persons in an area licensed for 196 persons.
C. Agreement Regarding Monetary Penalties
The Licence Holder, based on the Agreed Statement of Facts, admits to the infractions listed below, agrees to remit the following Monetary Penalty and has enclosed payment in full with this Agreement.
Admitted Infraction
Infraction Date
Monetary Penalty Amount
Section 43 of Ontario Regulation 719/90 under the Liquor Licence Act
March 28, 2010
$2,000
Total Monetary Penalties Due:
$2,000
D. Agreement to Amendment of Order of Monetary Penalty
The Licence Holder and Registrar’s Counsel agree that this Agreement shall constitute a Final Order of Monetary Penalty and shall amend and replace Order of Monetary Penalty #0000000247.
E. Request for Appeal
Based on the Agreement, the Licence Holder admits the above violation, accepts the Monetary Penalty imposed in this Agreement and has enclosed payment in full. The Licence Holder agrees that this Agreement constitutes a Final Order of Monetary Penalty and that there shall be no appeal to the Board of the Alcohol and Gaming Commission of Ontario regarding this Order.
Dated at Toronto this 17th of February, 2011.
Steve Clayton René Liebs-Benke Licence Holder Cousel for the Licensee “I have authority to bind the corporate licensee”
Dated at Toronto this 17th day of February, 2011.
Lorenzo Policelli Counsel for the Registrar of Alcohol and Gaming
The Deputy registrar has reviewed the above noted Agreement and imposes the Final Order of Monetary Penalty reflected in this Agreement
Tom Mungham Deputy Registrar of Alcohol and Gaming