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-
Helen Lin Services Inc. O/A Unique Bar & Grill Licensee
DECISION
Panel: David C. Gavsie, Chair Decision Date: May 29, 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 ) Sujin Chan, Representative Helen Lin Services Inc., Licensee ) Joseph Bertucci, on behalf of the Licensee
A teleconference hearing into a Notice of Proposal dated May 7, 2007 to suspend a licence and to add a condition to Helen Lin Services Inc. (the “Licensee”) operating as UNIQUE BAR & GRILL, 2 Irwin Avenue, Toronto, Ontario, M4Y 1K9, liquor license number 800909 on the basis of alleged violation of subsection 30(4) of the Liquor Licence Act (“LLA”), was held on May 29, 2007 in the City of Toronto.
Joseph Bertucci is the manager of the establishment. He appeared on behalf of the Licensee and waived the right to be represented by a barrister and solicitor.
Sujin Chan and Joseph Bertucci submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which forms part of this decision. It was agreed that:
On January 4, 2007 three people under the age of 19 years had liquor in the licensed premises.
- Based on the Agreed Statement of Facts, the Board the Board found the Licensee breached subsection 30(4) of the LLA.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Helen Lin Services Inc. for premises operating as UNIQUE BAR & GRILL, 2 Irwin Avenue, Toronto, Ontario, M4Y 1K9 , licence number 800909, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on June 8, 2007 and CONTINUE until 2:00 a.m. on June 18, 2007.
DATED AT TORONTO THIS 29th DAY OF MAY 2007.
DAVID C. GAVSIE, CHAIR
Attached DCG/sm
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF HELEN LIN SERVICES INC. OPERATING AS UNIQUE BAR & GRILL, 2 IRWIN AVE, TORONTO LICENCE NUMBER 800909
AGREED STATEMENT OF FACTS
The Licence Holder, who is not represented 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 Agent agree to the following:
On January 4, 2007, three people under the age of 19 years had liquor in the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 30(4) of the Liquor Licence Act.
The licence holder has expressed remorse.
The licence holder has no prior record of disciplinary action with the Commission.
JOINT SUBMISSION ON DISPOSITION
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and has declined that right and agreed to proceed without legal counsel; and Registrar’s Agent submit that the following disposition is appropriate in these circumstances:
- A ten (10) day suspension of the liquor licence to commence at 11:00 a.m. on June 8, 2007 and to end at 2:00 a.m. on June 18, 2007.
Dated in Toronto this 28th day of May, 2007.
Zhen Mei Lin Sujin Chan For the licence holder Agent for the Registrar of the AGCO
“I have the authority to bind the Corporation”
Joseph Bertucci Translator/Manager