LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: CONNECTIONS INTERNATIONAL CHINESE CUISINE & BANQUET 5835 Dixie Road, Unit 3 Mississauga, ON L4W 1E8
Licensee: 2017088 Ontario Inc. Licence Number: 803516
Notice of Proposal: To REVOKE a licence Dated May 25, 2006
Supplementary Notices of Proposal: To REVOKE a licence Dated August 16, 2006 To REVOKE a licence Dated November 9, 2006
The Proposals allege that:
(a) the past/present conduct of the licence holder or if a corporation the present/past conduct of its officers or directors, or of a shareholder who owns or controls 10% or more of its equity shares, or of a person having beneficial interest in the business of the licence holder; or of a person having responsibility for the management or operation of the business of the licence holder affords reasonable grounds for belief that its business will not be carried on in accordance with the law and with integrity and honesty;
(b) contrary to section 43 of Ontario Regulation 719/90, (the “O. Reg.”) under the Liquor Licence Act (the “LLA”), the licence holder failed to ensure that the number of persons on the premises to which the licence applies, including employees of the licence holder, does not exceed the capacity of the licensed premises as stated on the licence.
(c) contrary to subsection 55(1) of the O. Reg. under the LLA the licence holder failed to post the sign provided by the Board informing the public of the suspension of the liquor licence throughout the suspension period.
(d) contrary to subsection 45(2) of the O. Reg. under the LLA, the licence holder permitted a person to hold, offer for sale, sell, distribute or consume a narcotic as defined in the Controlled Drugs and Substances Act on the premises or in the adjacent washrooms, liquor and food preparation areas and storage areas under the exclusive control of the licence holder.
(e) contrary to section 29 of the O. Reg. under the LLA, the licence holder failed to clear the signs of service and consumption in the licensed premises within 45 minutes after the end of the period during which liquor may be sold and served under the licence.
(f) contrary to subsection 35(1) of the O. Reg. under the LLA, the licence holder failed to ensure that light meals were available for sale to patrons on the licensed premises.
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, 3rd Floor Toronto, ON M2N 0A4 March 6, 2007, via teleconference
Presiding Board Member: David C. Gavsie, Chair
Counsel for the
Registrar: Richard Kulis
Counsel for the Licensee: Dhaman Kissoon
Exhibits: #1 - Agreed Statement of Facts #2 - Joint Submission on Disposition
D E C I S I O N and O R D E R
WHEREAS the Board of the Alcohol and Gaming Commission of Ontario (“AGCO”) held a hearing via teleconference on March 6, 2007, pursuant to a Notice of Proposal dated May 25, 2006, to revoke a licence and Supplementary Notices of Proposal dated August 16, 2006, and November 9, 2006, to revoke the liquor licence issued to 2017088 Ontario Inc. for premises operating as CONNECTIONS INTERNATIONAL CHINESE CUISINE & BANQUET, 5835 Dixie Road, Unit 3, Mississauga, Ontario, L4W 1E8, licence number 803516;
AND WHEREAS the corporate licensee was represented by legal counsel Dhaman Kissoon;
AND WHEREAS the hearing proceeded by way of a written Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) submitted by counsel for the Registrar and Dhaman Kissoon, acting on behalf of the corporate licensee, which are attached hereto and form part of this decision. With reference to the particulars of the allegations, it was agreed and admitted that:
Premises licensed for 140 people exceeded that capacity on January 22, 2006 with 297 people, March 18, 2006 with 196 people, March 19, 2006 with 187 people, March 25, 2006 with 162 people, April 30, 2006 with 202 people and August 6, 2006 with 204 people. Further, on January 15, 2006 at 4:00 a.m. at a catered event, the signs of the service and consumption of liquor were not cleared from the licensed premises.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsections 43 and 29 of the O. Reg. enacted pursuant to the LLA. The Board accepted the withdrawal of all other allegations contained in the Notice of Proposal dated May 25, 2006, and the Supplementary Notices of Proposal dated August 16, 2006, and November 9, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 2017088 Ontario Inc. for premises operating as CONNECTIONS INTERNATIONAL CHINESE CUISINE & BANQUET, 5835 Dixie Road, Unit 3, Mississauga, Ontario, L4W 1E8, licence number 803516, be SUSPENDED for THIRTY (30) consecutive days to COMMENCE at 11:00 a.m. on March 19, 2007, and CONTINUE until 2:00 a.m. on April 17, 2007.
DATED AT TORONTO THIS 7TH DAY OF MARCH, 2007.
DAVID C. GAVSIE, CHAIR
DCG/rb
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT R.S.O. 1990, c.L.19, s. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF 2017088 ONTARIO INC. OPERATING AS CONNECTIONS INTERNATIONAL CHINESE CUISINE & BANQUET, 5835 DIXIE ROAD, UNIT 3, MISSISSAUGA, LICENCE NUMBER 803516
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel, and Registrar’s Counsel agree to the following:
Premises licensed for 140 people exceeded that capacity on January 22, 2006, with 297 people, March 18, 2006, with 196 people, March 19, 2006, with 187 people, March 25, 2006, with 162 people, April 30, 2006, with 202 people and August 6, 2006, with 204 people. Further, on January 15, 2006, at 4:00 a.m. at a catered event, the signs of the service and consumption of liquor were not cleared from the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to violations of section 43 (overcrowding) and section 29 (fail to clear) both of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has a prior ten (10) day suspension in January 2006. The licensee has now undertaken renovations to the washroom facilities which will allow the licensee to obtain an increase in the allowable capacity at this location.
Joint Submission Regarding Disposition
The Licence Holder, having consulted with legal counsel, and Registrar’s Counsel submit that the following disposition is appropriate in these circumstances:
A thirty (30) day suspension of the liquor licence
Should the Board members make the findings as agreed to and impose the disposition as submitted, then Registrar’s counsel will withdraw the remaining allegation in the Notice of Proposal of May 25, 2006.
Dated in Toronto this 6th day of March 2007.
For the licence holder Richard E. Kulis, for the Registrar of the AGCO