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-
2136627 Ontario Inc. operating as Wild Wing Wasaga Beach
Licensee
DECISION ON FINDINGS
Panel: Allan Higdon, Board Member S. Grace Kerr, Board Member
Decision Date: September 7, 2011
Hearing Location: Barrie, 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
2136627 Ontario Inc., Licensee ) Lisa White, Representative
Authorities Considered
1213963 Ontario Limited (Sin City Bar and Eatery) v. Ontario (Alcohol and Gaming Commission) 2009 ONCA 323
Allegations
- A hearing into Notice of Proposal number 18079 dated May 19, 2010 to suspend liquor licence number 812803 (the “licence”) issued to 2136627 Ontario Inc. (the “Licensee”) operating as WILD WING WASAGA BEACH, 321 Main Street, Unit 3, Building F, Wasaga, Ontario, L9Z 0B6 (the “establishment” or “the premises”), on the basis of alleged violations of section 29 of the Liquor Licence Act (the “LLA”) and subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on November 29 and 30, 2010, and Janurary 21, 2011 and February 24, 2011 in the City of Barrie.
Decision
- The Board FINDS the Licensee contravened section 29 of the LLA and subsection 45(1) of the “O.Reg.” Reasons follow.
Preliminary Matters
- An order to exclude witnesses was GRANTED on consent.
Registrar’s Evidence
Salman Majid has been a constable with the Barrie detachment of the Ontario Provincial Police (the “OPP”) for three years.
On December 18, 2009 he was dispatched by radio at 6:07 p.m. to the scene of a collision between a car and a pedestrian. He arrived on scene at 6:16 p.m.
It was a Friday evening. It was not snowing. The temperature was around -8 C, with slippery patches on the roads. The location of the scene was approximately a 10-15 minute drive from the establishment.
There are rumble strips and fog lines on the side of the asphalt in the area where the accident occurred.
When Constable Majid arrived, there was an off-duty paramedic present who said a motorist was parked nearby and a pedestrian had been hit on the south shoulder.
Constable Majid approached four to five people who were standing close to an ambulance. Two of them, both men, said they were in the vehicle that was in the accident.
Constable Majid asked who was driving. One of the males said it was himself and was identified as Mr. Bukvic, date of birth July 8, 1981. When Constable Majid asked again who was driving, the same man confirmed he was the driver.
The other male of the two was Mr. D’Alessandro, in his late 30s, who stated he was an occupant in the collision vehicle.
Constable Majid smelled alcohol on Mr. Bukvic’s breath. When asked if he had consumed alcohol, he said he had one beer. Mr. D’Alessandro confirmed this.
Constable Majid arrested Mr. Bukvic for