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-
Niagara Peninsula Winery Inc O/A Niagara Peninsula Winery Inc
Licensee
DECISION
Panel: Beryl Ford, Board Member Alex McCauley, Board Member
Decision Date: August 21, 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 ) Bryna Kaplan, Representative Niagara Peninsula Winery Inc, Licensee ) Ling Wu
1. A hearing into a Notice of Proposal dated March 20, 2007 to suspend liquor license number 812412 issued to Niagara Peninsula Winery Inc operating as NIAGARA PENINSULA WINERY INC, 950 Denison Street, Unit 16, Markham, Ontario, L3R 3K5, on the basis of alleged violations of subsections 5(1) and 38(1) of the Liquor Licence Act (“LLA”) and subsections 3(1)(a),(d),(e), 4(1)(b), 5(1)(c), 9(1), 9(3) and 10(1) of Ontario Regulation 58/00 (“O.Reg”) made pursuant to the LLA, was held on August 20, 2007 in the City of Toronto.
2. Ling Wu is an officer, director and shareholder of the licensee corporation. He appeared on behalf of the Corporation and waived the right to be represented by a barrister and solicitor.
3. Bryna Kaplan and Ling Wu 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:
a) On January 16, 2007 a liquor licence inspector was able to order ice wine from the licensee and was not required to do any activities to make the wine.
b) On January 18, 2007, the inspector returned to the premises to pick up his order and the ice wine was bottled and boxed for the inspector. While in the premises, the inspector observed other bottles of wine stored in the premises and carboys without tags and without tag numbers. A review of the invoices revealed that wine had been sold by the bottle and the required invoice information was missing. The licensee had also advertised the sale of wine, whiskey and vodka by the bottle.
4. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 5(1) and 38(1) of the LLA and subsections 3(1)(a),(d),(e), 4(1)(b), 5(1)(c), 9(1), 9(3), and 10(1) of the O.Reg.
Order
5. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Niagara Peninsula Winery Inc operating as NIAGARA PENINSULA WINERY INC, 950 Denison Street, Unit 16, Markham, Ontario, L3R 3K5, be SUSPENDED for THIRTY (30) consecutive days to COMMENCE at 9:00 a.m. on September 1, 2007 and CONTINUE until 12:00 a.m. on September 30, 2007.
DATED AT TORONTO THIS 21st DAY OF AUGUST, 2007.
ALEX MCCAULEY, BOARD MEMBER BERYL FORD, BOARD MEMBER
AM/sm
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF
NIAGARA PENINSULA WINERY INC.,
OPERATING AS NIAGARA PENINSULA WINERY INC,
950 DENISON STREET, UNIT 16, MARKHAM
LICENCE NO. 812412
AGREED STATEMENT OF FACTS
The Licensee, having been advised of its right to Legal Counsel and having waived that right, and Registrar’s Counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated March 20, 2007;
On January 16, 2007 a liquor licence inspector was able to order ice wine from the licensee and was not required to do any activities to make the wine.
On January 18, 2007, the inspector returned to the premises to pick up his order and the ice wine was bottled and boxed for the inspector. While in the premises, the inspector observed other bottles of wine stored in the premises and carboys without tags and without tag numbers. A review of the invoices revealed that wine had been sold by the bottle and the required invoice information was missing. The licensee had also advertised the sale of wine, whiskey and vodka by the bottle.
Based upon the above-admitted facts, the licence holder admits to violations of subsections 5(1) and 38(1) of the Liquor Licence Act and subsections 3(1)(a), 3(1)(d), 3(1)(e), 4(1)(b), 5(1)(c), 9(1), 9(3) and 10(1) of Ontario Regulation 58/00 under the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
Whereas the licensee has no prior adverse record with the Commission;
The Licensee, having been advised of its right to Legal Counsel and having waived that right and Registrar’s Counsel, jointly submit that the following disposition is appropriate in these circumstances.
- a thirty (30) day suspension of liquor licence number 812412 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.
Respectfully submitted this 20 day of August, 2007,
Ling Wu Bryna Kaplan
For the Corporate Licence Holder Counsel to the Registrar, AGCO
“I have the authority to bind the Corporation.”