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-
Sang’s Great Food Ltd. O/A Sang’s Great Food Ltd. Licensee
DECISION
Panel: Beryl Ford, Board Member Allan Higdon, Board Member
Decision Date: August 20, 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 Sang’s Great Food Ltd., Licensee ) Mary Lee, Representative
A hearing into a Notice of Proposal dated March 7, 2007 to suspend a licence and to add a condition to liquor license number 802637 issued to Sang’s Great Food Ltd. and operating as SANG’S GREAT FOOD LTD., 343 Spadina Avenue, Toronto, Ontario, M5T 2G3 on the basis of alleged violations of subsection 30.1(1) of the Liquor Licence Act (“LLA”) and subsection 25(1) and section 29 of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on July 24, 2007 in the City of Toronto.
Bryna Kaplan and Mary Lee submitted an Agreed Statement of Facts (Exhibit #2) and Joint Submission on Disposition (Exhibit #3) which form part of this decision. It was agreed and admitted that:
On December 17, 2006 at approximately 3:45 a.m. and on February 23, 2007, at approximately 4:15 a.m. beer was served in teapots to undercover liquor licence inspectors and to police officer, in the licensed premises.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 25(1) of O. Reg. The Board accepted the withdrawal of the remaining allegations.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to Sang’s Great Food Ltd. and operating as SANG’S GREAT FOOD LTD., 343 Spadina Avenue, Toronto, Ontario, M5T 2G3, licence number 802637, be suspended for ten (10) consecutive days to COMMENCE at 11:00 a.m. on October 14, 2007 and CONTINUE until 2:00 a.m. on October 24, 2007.
DATED AT TORONTO THIS 20th DAY OF AUGUST, 2007.
BERYL FORD, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER
Attached.
BF/sm
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF SANG’S GREAT FOOD LTD., OPERATING AS SANG’S GREAT FOOD LTD. 343 SPADINA AVENUE, TORONTO LICENCE NO. 802637
AGREED STATEMENT OF FACTS
The Licensee, having been advised of its right to legal 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 and to Add a Condition to the Licence dated.
On December 17, 2006 at approximately 3:45 a.m. and on February 23, 2007, at approximately 4:15 a.m. beer was served in teapots to undercover liquor licence inspectors and to police officer, in the licensed premises.
Based upon the above admitted facts, the licence holder admits to violations of section 25(1) 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 the 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 ten (10) day suspension of liquor licence #802637 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 dates shall be imposed by the Board without further consultation with the Licensee 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 March 7, 2007.
Respectfully submitted this 24th day of July, 2007,
Mary Lee Bryna Kaplan Agent for the Licence Holder Counsel to the Registrar, AGCO
“I have authority to bind the Corporation”