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-
Yvette Pierrette Bencze
O/A Velvet…Fine Food…Fine Spirits
Licensee
DECISION
Panel: Alex McCauley, Member
Decision Date: May 29, 2007
Hearing Location: Toronto, Ontario, via teleconference
Appearances
Registrar, Alcohol and Gaming Commission ) Sujin Chan, Representative
Yvette Pierrete Bencze, Licensee ) Michael Caroline, Representative
A hearing into a Notice of Proposal dated February 19, 2007, to suspend the liquor licence issued to Yvette Pierrete Bencze, for premises operating as Velvet…Fine Food…Fine Spirits, 932 Queen Street East, Toronto, Ontario, M4M 1J5, licence number 21543 (the Licence) on the basis of alleged violations of section 33(1) and subsection 31(1)(c) Ontario Revised Regulation 719/90 (O. Reg) made pursuant to the Liquor Licence Act, was held on May 28, 2007, in the City of Toronto.
Sujin Chan, Registrar’s Representative, and Michael Caroline, 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 January 10, 2007, the licensee had a receipt showing that the licensee had purchased for sale $450.65 of liquor off licence.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 31(1)(c) of the O. Reg. The Board accepted the withdrawal of the remaining allegation.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to Yvette Pierrete Bencze, for premises operating as Velvet…Fine Food…Fine Spirits, 932 Queen Street East, Toronto, Ontario, M4M 1J5, licence number 21543, be SUSPENDED for FIVE (5) consecutive days to COMMENCE at 11:00 a.m. on July 2, 2007, and CONTINUE until 2:00 a.m. on July 7, 2007.
DATED AT TORONTO THIS 29th DAY OF MAY, 2007.
ALEX MCCAULEY, BOARD MEMBER
AM/rb
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF
YVETTE PIERRETTE BENCZE, OPERATING AS
VELVET…FINE FOOD…FINE SPIRITS,
932 QUEEN ST. E., TORONTO
LICENCE NUMBER 0021543
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED FEBRUARY 19, 2007
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On January 10, 2007, the licensee had a receipt showing that the licensee had purchased for sale $450.65 of liquor off licence.
Based on paragraph 1, the licensee breached s. 31 (1)(c) of Ont. Reg. 719/90 under the Liquor Licence Act.
The licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
JOINT SUBMISSION ON DISPOSITION
The licensee after consultation with counsel, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
The Board shall suspend license no. 0021543 for a period of 5 days commencing at 11:00 a.m. on July 2, 2007, and ending at 2:00 a.m. on July 7, 2007.
The Board having accepted the agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 16th DAY OF MAY, 2007.
RESPECTFULLY SUBMITTED,
Yvette Pierrette Bencze Phillip Morris
Registrar’s Counsel