LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: TEDDY’S SPORT BAR & GRILL 1168 Queen Street East Toronto, Ontario M4M 1L4
Licensee: Xiao Feng Wu Licence Number: 203118
Notice of Proposal: To SUSPEND a licence Dated November 24, 2006
Supplementary Notice of Proposal: To SUSPEND a licence Dated January 3, 2007
The Proposals allege that:
Contrary to subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act (the “O.Reg.”), the licence holder permitted drunkenness or riotous, quarrelsome, violent or disorderly conduct to occur on the licensed premises or in the areas under the control of the licence holder.
Notice of Proposal: To REFUSE to transfer a licence Dated November 30, 2006
Supplementary Notice of Proposal: To REFUSE to transfer licence Dated January 8, 2007
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, 3rd Floor Toronto, Ontario M2N 0A4 April 17, 2007
Presiding Board Members: Patricia McQuaid, Vice-Chair Brian J. Ford. Member
Counsel for the Registrar:
Bryna Kaplan
Counsel for the Licensee and the Transfer Applicant:
Marc Koplowitz
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 on April 17, 2007, pursuant to a Notice of Proposal dated November 24, 2006 and a Supplementary Notice of Proposal dated January 3, 2007 to suspend the liquor licence and a Notice of Proposal dated November 30, 2006 and a Supplementary Notice of Proposal dated January 8, 2007 to refuse to transfer the licence issued to Xiao Feng Wu for premises operating as Teddy’s Sport Bar & Grill at 1168 Queen Street East, Toronto, Ontario, M4M 1L4, licence number 203118;
AND WHEREAS the licensee and the transfer applicant were represented by legal counsel, Marc Koplowitz;
AND WHEREAS John Ernest Furlong was named in the Notice of Proposal dated November 24, 2006 and a Supplementary Notice of Proposal dated January 3, 2007 but is not a licensee, was not served and did not take part in the hearing proceedings;
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 Mr. Koplowitz, counsel for the 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 August 1 and 13, 2006 and on October 6 and 13, 2006, drunken patrons were in the licensed premises.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45 (1) of the O. Reg.
AND WHEREAS the Transfer applicant Jian Lin Fan, through her legal counsel, has agreed to forward a letter confirming the withdrawal of her application for transfer on or before April 19, 2007, upon receipt of which the Registrar will withdraw the Notice of Proposal dated November 30, 2006 and the Supplementary Notice of Proposal dated January 8, 2007 to Refuse to Transfer a licence.
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Xiao Feng Wu for premises operating as Teddy’s Sport Bar & Grill at 1168 Queen Street East, Toronto, Ontario, M4M 1L4, licence number 203118 be SUSPENDED for NINE (9) consecutive days to COMMENCE at 11:00 a.m. on May 7, 2007 and CONTINUE until 2:00 a.m. on May 16, 2007.
DATED AT TORONTO THIS DAY OF 2007.
BRIAN J. FORD, BOARD MEMBER PATRICIA MCQUAID, VICE-CHAIR
BJF/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 JOHN ERNEST FURLONG, XIAO FENG WU OPERATING AS TEDDY’S SPORT BAR & GRILL 1168 QUEEN STREET EAST, TORONTO, LICENCE NUMBER 203118
AGREED STATEMENT OF FACTS
The licensee, through his Legal Counsel, and Registrar’s Counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated November 24, 2006 and the Supplementary Notice of Proposal to Suspend a Licence dated January 3, 2007:
On August 1 and 13, 2006 and on October 6 and 13, 2006, drunken patrons were in the licensed premises.
Based on the above- admitted facts, the licence holder admits to violations of subsection 45 (1) of Revised Regulation 719/90 under the Liquor Licence Act.
The transfer applicant, Jian Lin Fan, operated the establishment under an “authorization to contract out” from July 18, 2006 until November 30, 2006.
JOINT SUBMISSION ON DISPOSITION
Whereas the Licensee served a 7 day suspension from September 6 – 13, 2006 for infractions that occurred while the Transfer Applicant, Jian Lin Fan, operated the establishment under an “Authorization to Contract Out”:
Whereas the Transfer Applicant, Jian Lin Fan, through her legal counsel, has agreed to forward a letter confirming the withdrawal of her application for transfer, on or before April 19, 2007;
The Licensee, through its Legal Counsel, and Registrar’s Counsel jointly submit that the following disposition is appropriate in these circumstances:
- A nine (9) day suspension of liquor licence number 203118, to be served consecutively from May 7, 2007 at 11 a.m. until May 16, 2007 at 2 a.m.
Respectfully submitted this 17th day of April, 2007.
Marc Koplowitz Bryna Kaplan
Counsel for the Licence Holder Counsel for the Registrar, AGCO