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-
1642623 Ontario Inc. O/A Red Rice Buffet Restaurant Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair Decision Date: July 26, 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.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Bryna Kaplan, Representative 1642623 Ontario Inc., Licensee ) Tung-Chieh Wu, Representative
1A teleconference hearing into a Notice of Proposal dated April 16, 2007 to suspend liquor license number 200868 issued to 1642623 Ontario Inc. and operating as RED RICE BUFFET RESTAURANT, 800 Niagara Street, Welland, Ontario, L3C 5Z4 on the basis of alleged violations of subsections 45(1) and 45(2) of the Liquor Licence Act (“LLA”) was held on July 17, 2007 in the City of Toronto.
2Bryna Kaplan and Tung-Chieh 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:
On February 8, 2007 a liquor licence inspector was prohibited from conducting an inspection of the licensed premises. The inspection has since been completed by the inspector.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the LLA. The Board accepted the withdrawal of the remaining allegation contained in the Notice of Proposal dated April 16, 2007.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to 1642623 Ontario Inc. and operating as RED RICE BUFFET RESTAURANT, 800 Niagara Street, Welland, Ontario, L3C 5Z4, licence number 200868, be suspended for THIRTEEN (13) consecutive days to COMMENCE at 11:00 a.m. on September 4, 2007 and CONTINUE until 2:00 a.m. on September 17, 2007.
DATED AT TORONTO THIS 26^th^ DAY OF JULY, 2007.
PATRICIA MCQUAID, VICE-CHAIR
Attached.
PM/sm
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 LICNCE OF 1642623 ONTARIO INC. OPERATING AS RED RICE BUFFET RESTAURANT, 800 NIAGARA STREET, WELLAND LICENCE NO. 200868
AGREED STATEMENT OF FACTS
The Licensee, though its Legal Counsel, and Registrar’s Counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated April 16, 2007.
On February 8, 2007 a liquor licence inspector was prohibited from conducting an in section of the licensed premises. The inspection has since been completed by the inspector.
Based upon the above admitted facts, the licence holder admits to violations of section 45(1) of the Liquor Licence Act.
The licence holder has no prior record of suspension by the Board.
JOINT SUBMISSION ON DISPOSITION
Whereas the licence holder has no prior record of suspensions by the Board;
The Licensee, through its Legal Counsel, and Registrar’s Counsel, jointly submit that the following disposition is appropriate in these circumstances.
A thirteen (13) day suspension of liquor licence number 200868 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 to the licensee.
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 April 16, 2007.
Respectfully submitted this 10 day of July, 2007.
Tung-Chieh Wu Bryna Kaplan Counsel to the Licence Holder Counsel to the Registrar, AGCO
Owan Mao Lam For the Corporate Licensee