Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2016-02-18
FILE:
9847/LLA
CASE NAME:
- v. Registrar of Alcohol and Gaming
Appeal from the Notice of Proposals of the Registrar of Alcohol and Gaming under the Liquor Licence Act R.S.O. 1990, c. 19 – to Suspend a Licence and Add a Condition to a Licence
2423061 Ontario Inc. O/A Brampton Italian Sports Cafe
Appellant
-and-
Registrar of Alcohol and Gaming
Respondent
ORDER
ADJUDICATOR:
Jacqueline Castel, Member
APPEARANCES:
For the Appellant:
William Luke, Counsel
For the Respondent:
Joyce Taylor, Counsel
Heard in Toronto:
January 26, 2016
ORDER
A hearing into Notice of Proposal (“NOP”) #21014, dated September 22, 2015, to suspend the liquor licence of 2423061 Ontario Inc., O/A Brampton Italian Sports Cafe (the “Appellant” or the “Licensee”) and to add a condition on its licence, on the basis of an alleged violation of subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg.”), prescribed under the Liquor Licence Act (the “LLA”), was held on January 26, 2016.
At the start of the hearing, Ms Taylor informed the Tribunal that the Appellant and the Respondent had agreed on the facts and also had a joint submission on disposition.
It was agreed that:
On April 25, 2015, Alcohol and Gaming Commission of Ontario (“AGCO”) inspectors visited the licensed premises and found three illegal gaming machines in the establishment. The Licensee admitted that credits were paid out at a rate of ten cents per credit and that he earned approximately $500 to $600 per week from the machines.
Based on these agreed facts, the Tribunal found that the Licensee breached subsection 45(1) of the O.Reg.
Ms Taylor informed the Tribunal that this is the first time the Licensee has contravened the Act or Regulations.
Mr. Luke informed the Tribunal that all gaming machines have been removed from the premises.
Therefore, having considered the joint submission on disposition, the Tribunal orders as follows:
- The Appellant’s liquor licence (number 801505) shall be suspended for five (5) consecutive days, commencing on April 2, 2016 at 11 a.m. and continuing until until 2 a.m. on April 7, 2016.
Further, the following condition shall be added to the licence:
“There shall be no gaming or gaming machines of any kind whatsoever in the establishment or in any area under the exclusive control of the licensee.”
LICENCE APPEAL TRIBUNAL
Jacqueline Castel, member
Released: February 18, 2016