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-
Tian Hui Zhao and Bing Liu O/A Wine and Beer Licensee
DECISION
Panel: Guy Maurice, Member
Decision Date: June 25, 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 ) Phillip Morris, Representative Tian Hui Zhao and Bing Liu Licensee ) Tian Hui Zhao, on his own behalf
1A hearing into a Notice of Proposal dated March 20, 2007 to suspend liquor license number 809879 issued to Tian Hui Zhao and Bing Liu and operating as Wine and Beer, 50 Silver Star Blvd., Unit #241, Scarborough, Ontario, M1V 4W3, on the basis of alleged violations of clauses 5(1)(c) and 3(1)(d) and subsections 9(1) and 9(3) of Ontario Regulation 58/00 (O.Reg.) under the Liquor Licence Act (LLA), was held on June 22, 2007 in the City of Toronto.
2Phillip Morris, Registrar’s Representative, and Tian Hui Zhao, Licensee, 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 31, 2007, licensee’s staff was bottling ice wine. The tag on the carboy was not numbered. The accompanying invoice lacked required information. No one from the purchaser was present to remove the wine from the premises.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached clause 5(1)(c) and 3(1)(d) and subsections 9(1) and 9(3) of the O.Reg.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to Tian Hui Zhao and Bing Liu and operating as Wine and Beer, 50 Silver Star Blvd., Unit #241, Scarborough, Ontario, M1V 4W3, licence number 809879, be suspended for THIRTY (30) consecutive days COMMENCING August 1, 2007 and ENDING August 30, 2007 inclusive.
DATED AT TORONTO THIS 25TH DAY OF JUNE 2007.
GUY MAURICE, MEMBER
GM/mw
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990,c.L.19,s. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF TIAN HUI ZHAO OERATING AS WINE AND BEER, 50 SILVER STAR BLVD., UNIT #2412, SCARBOROUGH
LICENCE NUMBER 809879
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED MARCH 20, 2007
AGREED STATEMENT OF FACTS
The licensee, having being advised of the right to counsel and having waived that right, and the Registrar agree to the following facts:
On January 31, 2007, licensee’s staff was bottling ice wine. The tag on the carboy was not numbered. The accompanying invoice lacked required information. No one from the purchaser was present to remove the wine from the premises.
Based on paragraph 1, the licensee breached s. 3 (1)(d), 5(1)(c), 9(1) and 9(3) of Ont. Reg. 58/00.
The licensee has shown remorse and co-operated with the Commission.
The licensee was previously suspended for 14 days in 2003 and 21 days in 2007 for similar breaches.
JOINT SUBMISSION ON DISPOSITION
The licensee, having been advised of the right to counsel and having waived that right, 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 licence no. 809879 for a period of 30 days commencing on August 1, 2007 and ending on August 30, 2007 inclusive.
DATED AT TORONTO THIS 22ND DAYOF JUNE, 2007
RESPECTFULLY SUBMITTED
Tian Hui Zhao Phillip Morris
Licensee Registrar’s Counsel