ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The :
Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission Ontario
Registrar
-and-
Phuong Thi Hoang O/A Hoang Viet Billiards
Licensee
DECISION
Panel: Alex McCauley, Member Brian J. Ford, Member
Decision Date: June 4, 2007
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone (416) 326-0366 Fax (416) 326-5566 Website: www.agco.gov.on.ca
APPEARANCES
Registrar, Alcohol and Gaming Commission ) Brad Alton, Representative Phuong Thi Nguyen, Licensee ) Kim Schofield, Representative
A hearing into a Notice of Proposal dated December 11, 2006 to suspend liquor licence number 811100 and to add a condition to the licence issued to Phuong Thi Nguyen and operating as HOANG VIET BILLIARDS, 2137B Jane St., Toronto, Ontario, M3M 1A2 on the basis of alleged violations of subsections 45(1) and 45(2) of the Liquor Licence Act (LLA) and a Supplementary Notice of Proposal dated January 29, 2007 to suspend the Licence and to add a condition to the licence on the basis of alleged violations of subsections 44(1) and 45(1) of Ontario Regulation 719/90 was held on May 15, 2007 in the City of Toronto.
Brad Alton, Registrar’s Representative, and Kim Schofield, Licensee’s Representative submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision. It was agreed and admitted that:
On July 27, 2006, a fight occurred inside the licensed premises.
On September 13 and 27, 2006, police and liquor inspectors were delayed entry to the establishment due to a locked door while the establishment was open for business and patrons were in the licensed premises.
Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(2) of the LLA and subsection 45 (1) of O. Reg. The Board accepted the withdrawal of the remaining allegations.
Order
Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to Phuong Thi Nguyen and operating as HOANG VIET BILLIARDS, 2137B Jane St., Toronto, Ontario, M3M 1A2, licence number 811100, be suspended for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on July 9, 2007, and CONTINUE until 2:00 a.m. on July 23, 2007.
Further, the Board ORDERS the following condition be added to the liquor licence:
“The doors of the licensed premises shall remain unlocked while there are patrons in the establishment and/or the business is open.”
DATED AT TORONTO THIS 4th DAY OF JUNE 2007.
ALEX MCCAULEY, MEMBER BRIAN J. FORD, MEMBER
AM/mw
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF PHUONG THI NGUYEN OPERATING AS HOANG VIET BILLIARDS, 2137B JANE ST., TORONTO,
LICENCE NUMBER 811100
NOTICE OF PROPOSAL NUMBER 14757
SUPPLEMENTARY NOTICE OF PROPOSAL NUMBER 14897
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel and Registrar’s Counsel, agree to the following with respect to the Notice of Proposal to Suspend a Licence and the Supplementary Notice of Proposal to Suspend a Licence:
On July 27, 2006, a fight occurred inside the licensed premises.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of subsection 45 (1) of Ontario Regulation 719/90 under the Liquor Licence Act.
On September 13 and 27, 2006, police and liquor inspectors were delayed entry to the establishment due to a locked door while the establishment was open for business and patrons were in the licensed premises.
Based on the facts in paragraph 3, the Licence Holder admits to violations of subsection 45 (2) of the Liquor Licence Act.
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTEROF THE LIQUOR LICENCE OF PHUONG THI NGUYEN OPERATING AS HOANG VIET BILLIARDS, 2137B JANE ST., TORONTO,
LICENCE NUMBER 811100
NOTICE OF PROPOSAL NUMBER 14757
SUPPLEMENTARY NOTICE OF PROPOSAL NUMBER 14897
JOINT SUBMISSION ON DISPOSITION
The Licence Holder, having consulted legal counsel and Registrar’s Counsel, submit that the following disposition, with respect to the Notice of Proposal to Suspend a Licence and the Supplementary Notice of Proposal to Suspend a Licence is appropriate in these circumstances:
There shall be a FOURTEEN (14) day suspension of liquor licence #811100 to be served consecutively within NINETY (90) days of today’s date, on dates to be provided in writing to the Manager of Hearing within SEVEN (7) days of today’s date, failing which dates shall be imposed by the Board without further consultation with the Licensee. Furthermore, the Licensee is aware that the proposed suspension cannot start within 20 days of today’s date.
The Licence Holder consents to the following condition being added to liquor licence #811100:
“The doors of the licensed premises shall remain unlocked while there are patrons in the establishment and/or the business is open.”
- Should the Board members make the findings as agreed to and impose the disposition is submitted, then Registrar’s Counsel will withdraw the remaining allegation(s) in the Notice of Proposal and the Supplementary Notice of Proposal.
Dated this 16th day of May, 2007.
Kim Schofield Brad Alton, Counsel for the Counsel for the Licence Holder Registrar of the AGCO
Phuong Thi Nguyen Licence Holder