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-
1480243 Ontario Inc. O/A Hong Shing Chinese Restaurant Licensee
DECISION
Panel: Dianne Axmith, Member Decision Date: June 26, 2007 Hearing Location: Toronto, Ontario
Appearances
Registrar, Alcohol and Gaming Commission ) Bryna Kaplan, Representative 1480243 Ontario Inc., Licensee ) Mary Lee, Representative
A hearing into a Notice of Proposal dated February 19, 2007, to suspend the liquor licence issued to 1480243 Ontario Inc., for premises operating as Hong Shing Chinese Restaurant, 195 Dundas Street West, Toronto, Ontario, M5G 1C7, licence number 200137, (the Licence) on the basis of alleged violations of subsection 25(1) and section 29 of Ontario Regulation 719/90 (O. Reg.) made pursuant to the Liquor Licence Act (LLA), was held on June 18, 2007, in the City of Toronto.
Bryna Kaplan, Registrar’s Representative, and Mary Lee, the Licensee’s Representative, submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which forms part of this decision. It was agreed and admitted that:
On December 16, 2006, at approximately 3:17 a.m., patrons were still consuming beer, which had been served in a teapot, in the licensed premises.
- Based on the Agreed Statement of Facts, the Board the Board found the Licensee breached section 29 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 1480243 Ontario Inc., for premises operating as Hong Shing Chinese Restaurant, 195 Dundas Street West, Toronto, Ontario, M5G 1C7, licence number 200137, be SUSPENDED for SIX (6) consecutive days to COMMENCE at 11:00 a.m. on September 9, 2007, and CONTINUE until 2:00 a.m. on September 15, 2007.
DATED AT TORONTO THIS 26th DAY OF JUNE, 2007.
DIANNE AXMITH, BOARD MEMBER
DA/rb
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF
1480243 ONTARIO INC., OPERATING AS HONG SHING CHINESE RESTAURANT, 193-195 DUNDAS STREET WEST, TORONTO, LICENCE NUMBER 200137
AGREED STATEMENT OF FACTS
The Licensee, having been advised of its right to leval counsel and having waived that right, through its Agent, and Registrar’s Counsel agree to the following facts in relation to the Notice of Proposal to suspend a licence dated February 19, 2007:
On December 16, 2006, at approximately 3:17 a.m., patrons were still consuming beer, which had been served in a teapot, in the licensed premises.
Based upon the above-admitted facts, the licence holder admits to violations of section 29 of Revised Regulation 719/90 under the Liquor Licence Act.
The licence holder has no prior record of suspensions by the Board.
JOINT SUBMISSION ON DISPOSITION
Whereas this licensee has no prior record of suspensions with the Commission;
The Licensee, having been advised of its right to Legal Counsel and having waived that right, through its Agent, and Registrar’s Counsel jointly submit that the following disposition is appropriate in these circumstances:
A six (6) day suspension of liquor licence number 200137 to be served consecutively, within ninety (90) days of today’s date, on dates to be provided to the Manager of Hearings within seven (7) days of today’s date, failing which the Board shall impose dates without further consultation with the Licence Holder.
Should the Board make the findings as set out in the Agreed Statement of Facts and impose the disciplinary action as proposed above, the Registrar shall withdraw the remaining allegation contained in the Notice of Proposal dated February 19, 2007.
Respectfully submitted this 18th day of June, 2007.
Mary Lee Bryna Kaplan Agent for the Licence Holder Counsel to the Registrar, AGCO
“I have authority to bind the Corporation”