Alcohol and Gaming Commission of Ontario
LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: FIDEL’S HAVANA LOUNGE 26 Chatham Street East Windsor, Ontario N9A 2W1
Licensee: 1646248 Ontario Inc. Licence Number: 805808
Notice of Proposal: To SUSPEND a licence Dated October 26, 2006
The Proposal alleges that: Contrary to subsection 34 (1) of Ontario Regulation 719/90 under the Liquor Licence Act (the “O. Reg. 719/90), the licence holder permitted a patron to remove liquor from the licensed premises.
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Ave. E., 3rd Floor Toronto, Ontario M2N 0A4 Via Teleconference February 23, 2007
Presiding Board Member: Patricia McQuaid, Vice-Chair
Counsel for the Registrar:
Brad Alton
Representative for the Licensee:
Pamela Pimiskern
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 February 23, 2007, pursuant to a Notice of Proposal dated October 26, 2006 to suspend the liquor licence issued to 1646248 Ontario Inc. for premises operating as Fidel’s Havana Lounge, 26 Chatham Street East, Windsor, Ontario, N9A 2W1, licence number 805808;
AND WHEREAS Paula Pimiskern appeared on behalf of the corporate licensee and waived its right to be represented by legal counsel;
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 the Counsel for the Registrar and Ms. Pimiskern, appearing 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:
On July 22, 2006, patrons removed liquor from the licensed premises.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 34 (1) of O. Reg. 719/90.
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1646248 Ontario Inc. for premises operating as Fidel’s Havana Lounge, 26 Chatham Street East, Windsor, Ontario, N9A 2W1, licence number 805808 be SUSPENDED for FOUR (4) consecutive days to COMMENCE at 11:00 a.m. on March 10, 2007, and CONTINUE until 2:00 a.m. on March 14, 2007.
DATED AT TORONTO THIS 5TH DAY OF MARCH, 2007.
PATRICIA MCQUAID, VICE-CHAIR
PM/mw
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 1646248 ONTARIO INC. OPERATING AS FIDEL’S HAVANA LOUNGE, 26 CHATHAM STREET EAST, WINDSOR, LICENCE NUMBER 805808
NOTICE OF PROPOSAL NUMBER 14665
AGREED STATEMENT OF FACTS
The Licence Holder, who is not presented by legal counsel, but who has been advised of the licence holder’s right to legal counsel and having declined that right and agreed to proceed without legal counsel, and Registrar’s Counsel agree to the following with respect to the Notice of Proposal to Suspend a Licence dated October 26, 2006:
On July 22, 2006, patrons removed liquor from the licensed premises.
Based on the facts in paragraph 1, the Licence holder admits to a violation of subsection 34 (1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The Licence Holder has no prior adverse record with the Board.
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 1646248 ONTARIO INC. OPERATING AS FIDEL’S HAVANA LOUNGE, 26 CHATHAM STREET EAST, WINDSOR, LICENCE NUMBER 805808
NOTICE OF PROPOSAL NUMBER 14665
JOINT SUBMISSIONS ON DISPOSITION
The Licence Holder and Registrar’s Counsel agree that the following disposition is appropriate in these circumstances:
- There shall be a FOUR (4) day suspension of liquor licence #805808 to be served consecutively within NINETY (90) days of today’s date, on dates to be provided, in writing to the Manager of Hearings within SEVEN (7) days of the date this Joint Submission is heard and approved by the Board, failing which dates shall be imposed by the Board without further consultation with the Licensee. The Licensee is aware that the proposed suspension cannot start within 15 days of the date this joint submission is heard and approved by the Board.
Dated this 20th day of February, 2007.
Donald (Butch) Joseph Demers Brad Alton, Counsel for the Licence Holder Registrar of the AGCO
“I have the authority to bind the corporate licensee”