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-
1475750 Ontario Limited O/A West Side BBQ
Licensee
-and-
City of Toronto
Intervener
INTERIM DECISION
Panel: Brian J. Ford, Member
Alex McCauley, Member
Decision Date: May 29, 2007
Hearing Location: Toronto, Ontario
Appearances
Registrar, Alcohol and Gaming Commission ) Joyce Taylor, Representative
1475750 Ontario Limited, Licensee ) Lou Ciotoli, Representative
City of Toronto, Intervener ) Ray Kallio, Representative
Interim Decision
The Board of the Alcohol and Gaming Commission of Ontario held a continuation of a hearing on May 24, 2007, which commenced on April 11, 2007, pursuant to Notices of Proposal and Supplementary Notices of Proposal dated November 14, 2006, January 12, 2007, and March 10, 2007, to revoke the liquor licence of 1475750 Ontario Limited operating as West Side B.B.Q Restaurant, 160 Elson Street, Markham, Ontario, L3S 3E7, licence number 0200621.
At the April 11, 2007, hearing the Registrar was represented by its counsel Joyce Taylor and the licensee was represented by its counsel Lou Ciotoli and the City of Toronto was represented by its counsel Ray Kallio.
At the May 24, 2007, hearing the Board received a letter addressed to the Registrar from Mr. Ciotoli advising that his client, Mr. Sheng Zhai, has closed his business and is in the process of voluntarily surrendering the liquor licence of 1475750 Ontario Limited. Mr. Ciotoli further advised that he is no longer acting as counsel for the licensee. Neither the licensee nor Mr. Ciotoli attended the May 24, 2007 hearing.
Ms. Taylor moved to have the hearing continue ex parte. She advised the Board that she had not been instructed to accept the surrender of the licence. Mr. Ciotolli had been advised that the hearing would proceed.
The Board took into consideration the acute public interest in the hearing. The Board was also satisfied that the licensee had been advised by Mr. Ciotoli that the hearing was continuing.
Order
- The Board granted the motion of Ms. Taylor and ORDERED that the hearing continue ex parte in the absence of the licensee or their counsel.
DATED AT TORONTO THIS 29th DAY OF MAY, 2007.
ALEX MCCAULEY, BOARD MEMBER BRIAN J. FORD, BOARD MEMBER
AM/rb