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
PHUONG THI NGUYEN OPERATING AS
HOANG VIET BILLIARDS,
2137 B JANE STREET, TORONTO, M3M 1A2,
LICENCE NUMBER 811100
ORDER on ADJOURNMNET
The Board of the Alcohol and Gaming Commission of Ontario commenced a hearing on March 15, 2007, pursuant to a Notice of Proposal dated December 11, 2006, and a Supplementary Notice of Proposal dated January 29, 2007, to suspend and add a condition to the licence issued to Phuong Thi Nguyen operating as HOANG VIET BILLIARDS, 2137 B Jane Street, Toronto, Ontario, M3M 1A2, licence number 811100.
Mr. Richard Kulis appeared as Registrar’s counsel. Mr. Son Nguyen appeared as agent for the Licensee.
When asked if she understood that she had a right to a lawyer and if she waived her right to a lawyer, Ms. Nguyen needed the assistance of Mr. Nguyen to translate the questions to her. The Board expressed a concern about Ms. Nguyen giving evidence in a hearing without a translator present and translation being done by her agent.
Mr. Nguyen submitted that he had been retained to try to negotiate a settlement of this matter but that had not occurred. Ms. Nguyen had attempted to get a translator for today but was unable to do so. Ms. Nguyen, through Mr. Nguyen, asked for an adjournment so she could get a lawyer and a translator.
Registrar’s counsel submitted that if Ms. Nguyen needed a lawyer or a translator, an adjournment would be necessary. However, the Registrar had a concern about the safety factor of the doors being locked and police and City officials not having access to the premises while it was open. Should the adjournment be granted, the Registrar asks that a condition be imposed on the adjournment that doors to the licensed premises remain unlocked while the business is open and that the next date is peremptory on the Licensee.
The Board considered the matter and concluded that it could not proceed with the hearing if Ms. Nguyen did not understand what was happening. To allow her time to get a translator and a lawyer, the Board granted the adjournment.
Given the Registrar’s submissions, the Board is mindful of the safety concerns of the Registrar. It hereby CONFIRMS its ORAL ORDER that the adjournment be granted subject to the following conditions:
The doors of the licensed premises shall remain unlocked while the business is open.
The next hearing date is peremptory on the Licensee.
DATED AT TORONTO THIS 15TH DAY OF MARCH, 2007.
KIRSTI HUNT, VICE CHAIR ALEX McCAULEY, BOARD MEMBER
KH/rb