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-
Melanie Pringle’s Restaurant Inc., operating as Melanie Pringles
Licensee
DECISION
Panel: Bruce S. Miller, Board Member Allan Higdon, 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 ) Richard Kulis, Representative Melanie Pringle’s Restaurant Inc., Licensee ) Jerry Levitan, Representative
A hearing into Notice of Proposal number 18287 dated September 9, 2010 to suspend liquor licence number 201389 (the “licence”) issued to Melanie Pringle’s Restaurant Inc. (the “Licensee”), operating as MELANIE PRINGLES, 80 Thickson Road South, Whitby, Ontario, L1N 2T2, on the basis of alleged violation of subsection 45(1) of the Liquor Licence Act (the “LLA”) and section 29, and paragraph 50(c), and subsection 25(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on February 22, 2011 in the City of Toronto.
Mr. Kulis and Mr. Levitan submitted an Agreed Statement of Facts and Joint Submission on Disposition (Exhibit #1) which form part of this decision. It was agreed and admitted that:
On June 13, 2010 at 3:07 a.m., liquor licence inspectors observed people in the licensed premises with alcoholic beverages. When the inspectors were entering the licensed premises an employee of the licensed premises concealed the alcoholic beverages.
Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the LLA and section 29 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 201389 (the “licence”) issued to Melanie Pringle’s Restaurant Inc., operating as MELANIE PRINGLES, 80 Thickson Road South, Whitby, Ontario, L1N 2T2, be SUSPENDED for FIVE (5) consecutive days to COMMENCE at 11:00 a.m. on May 21, 2011, and CONTINUE until 2:00 a.m. on May 26, 2011.
DATED AT TORONTO THIS 23 DAY OF FEBRUARY , 2011.
BRUCE S. MILLER, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, chapter L.19, subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF MELANIE PRINGLE’S RESTAURANT INC. OPERATING AS MELANIE PRINGLES 80 THICKSON ROAD SOUTH, WHITBY LICENCE NUMBER 201389
NOTICE OF PROPOSAL NUMBER 18287
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel, and the Registrar’s counsel agree to the following:
On June 13, 2010 at 3:07 a.m., liquor licence inspectors observed people in the licensed premises with alcoholic beverages. When the inspectors were entering the licensed premises an employee of the licensed premises concealed the alcoholic beverages.
Based on the facts in paragraph 1, the licence holder admits to violations of section 29 (fail to clear liquor) of Ontario Regulation 719/90 under the LLA and subsection 45(1) (conceal evidence) of the LLA.
The licence holder has a prior Order of Monetary Penalty in May 2010 for $1500.00 for two drunken patrons.
Joint Submission Regarding Disposition
The Licence Holder, having consulted with legal counsel, and the Registrar’s counsel submit that the following disposition is appropriate in these circumstances:
A five (5) day suspension of the liquor licence to be served starting at 11:00 a.m. on Saturday, May 21, 2011 until 2:00 a.m. on Thursday, May 26, 2011.
Should the Board member make the findings as submitted and impose the disposition as recommended, then Registar’s counsel will withdraw the remaining allegations in Notice of Proposal number 18287 dated September 9, 2010.
Dated at Toronto this 22nd day of February 2011.
For the licence holder Richard E. Kulis For the Registrar of Alcohol and Gaming