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-
The Deck Inc. operating as Deck Pub & Grill (The)
Licensee
DECISION
Panel: S. Grace Kerr, Board Member
Decision Date: June 17, 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 ) Tamara Brooks, Representative
The Deck Inc., Licensee ) Robert Isles, Representative
1A hearing into Notice of Proposal number 18399 dated November 5, 2010 to suspend liquor licence number 801597 (the "licence") issued to The Deck Inc. (the "Licensee"), operating as Deck Pub & Grill (The), 34 Mill Street, Orangeville, Ontario, L9W 2M3, on the basis of alleged violations of clause 50(c) and subsections 34(1) and 45(1) of Ontario Regulation 719/90 (the "O.Reg") made pursuant to the Liquor Licence Act (the "LLA") was held on June 10, 2011 in the City of Toronto.
2Ms Brooks and Mr. Isles 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 July 4 and 15, 2010, the rear fire exit door was locked with a deadbolt.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached clause 50(c) of the O.Reg. The Board accepted the withdrawal of the remaining allegations.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 801597 (the "licence") issued to The Deck Inc., operating as Deck Pub & Grill (The), 34 Mill Street, Orangeville, Ontario, L9W 2M3, be SUSPENDED for SEVENTEEN (17) consecutive days to COMMENCE at 11:00 a.m. on September 13, 2011, and CONTINUE until 2:00 a.m. on September 30, 2011.
5Further, the Board ORDERS that the following condition be attached to the licence:
The Licensee shall ensure that, during all times when the premises is open for business, either the Licensee or at least one (1) employee will provide access to all licensed areas and all areas used for the purpose of storing liquor for the purpose of facilitating liquor licence inspections.
DATED AT TORONTO THIS 17th DAY OF June, 2011.
S. GRACE KERR, 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 THE DECK INC.
OPERATING AS DECK PUB & GRILL (THE),
34 MILL STREET, ORANGEVILLE
LICENCE NO. 801597
NOTICE OF PROPOSAL NO. 18399
A. Agreed Statement of Facts
The Licence Holder, who is represented by counsel, and Registrar's Counsel agree to the following:
On July 4 and 15, 2010, the rear fire exit door was locked with a deadbolt.
Based on the facts in paragraph 1, the licence holder admits to a violation of clause 50(c) of Ontario Regulation 719/90 under the Liquor Licence Act by failing to ensure that the premises complies with the Fire Protection & Prevention Act respecting the use of the premises.
B. 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. 801597 for a period of seventeen (17) days to start at 11:00 a.m. on Tuesday, September 13, 2011 and continue consecutively until 2:00 a.m. on Friday, September 30, 2011.
A condition shall be added to the licence that:
The licensee shall ensure that, during all times when the premises is open for business, either the licensee or at least one (1) employee will provide access to all licensed areas and all areas used for the purpose of storing liquor for the purpose of facilitating Liquor Licence Inspections.
- The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
ALL OF WHICH IS RESPECTFULLY SUBMITTED.
DATED AT Toronto this 10th day of June, 2011
TIMOTHY CALLAGHAN Tamara Brooks
Licensee Registrar's Counsel