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-
Julie’s Fine Cuisine Inc. O/A Julia’s Fine Cuisine Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair Dianne Axmith, Board Member
Decision Date: June 7, 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.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Bryna Kaplan, Representative Julie’s Fine Cuisine Inc., Licensee ) Anthony Robbins, Representative
[1]. A hearing into a Notice of Proposal (“NOP”) dated February 20, 2007 to suspend liquor license number 200528 issued to Julie’s Fine Cuisine Inc. and operating as JULIA’S FINE CUISINE, 2056 Dufferin Street, Toronto, O,.ntario, M6E 3R6 on the basis of alleged violations of 33(1) and subsections 45(2) and 31(1)(c) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on May 31, 2007 in the City of Toronto.
Preliminary Matters
[2]. As a preliminary matter and with consent of counsel for the Licensee, Ms. Kaplan asked for an amendment of the NOP of February 20, 2007 as follows:
Delete section 4(a).
Delete section 4(b)
Delete sentence, “On October 18, 2006, crack cocaine was sold in the licensed premises by an employee.”
Revise next sentence to read, “On October 19, 2006, in the licensed premises were cases of beer which had not been purchased under the liquor licence.
Decision
- Bryna Kaplan and Anthony Robbins 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 October 19, 2006, beer that had not been purchased under the liquor licence was found in the kitchen of the Premises.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 33(1) of O. Reg.
Order
[5]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to Julie’s Fine Cuisine Inc. and operating as JULIA’S FINE CUISINE, 2056 Dufferin Street, Toronto, Ontario, M6E 3R6, licence number 200528, be suspended for THREE (3) consecutive days to COMMENCE at 11:00 a.m. on August 26, 2007 and CONTINUE until 2:00 a.m. on August 29, 2007.
[6]. FURTHER, on consent of the Licensee, the Board ORDERS the following condition to be attached to the liquor licence:
“The licensee shall ensure that Basil McLarty shall not be on the premises to which the licence applies or that are used in connection with the sale and service of liquor, including the liquor and food preparation areas, at any time.”
DATED AT TORONTO THIS 7th DAY OF JUNE, 2007.
DIANNE AXMITH, BOARD MEMBER PATRICIA MCQUAID, VICE-CHAIR
Attached.
DA/sm
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF
JULIA’S FINE CUISINE INC., OPERATING AS JULIA’S FINE CUISINE 2056 DUFFERIN STREET, TORONTO LICENCE NO. 200528
AGREED STATEMENT OF FACTS
The Licensee, having consulted with Legal Counsel, and Registrar’s Counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated February 20, 2007 and Amended May 31, 2007.
On October 19, 2006, beer that had not been purchased under the liquor licence was found in the kitchen of the licensed premises.
Based upon the above-admitted facts, the licence holder admits to violation of section 33(1) of Revised Regulation 719/90 under the Liquor Licence Act.
The licence Holder has no prior adverse record with the Commission.
JOINT SUBMISSION ON DISPOSITION
Whereas the Licence Holder has no prior adverse record with the Commission;
The Licensee, having consulted with Legal Counsel, and Registrar’s Counsel, jointly submit that the following disposition is appropriate in these circumstances:
- a three (3) day suspension of liquor licence number 200528 to be served consecutively, from August 26, 2007 at 11 a.m. until August 29, 2007 at 2 a.m.
Respectfully submitted this 31 day of May, 2007.
Anthony Robbins Bryna Kaplan Counsel to the Corporate Licence Holder Counsel to the Registrar, AGCO
Julia Baker For the Corporate Licensee “I have authority to bind the Corporation”