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-
Marva Herrington O/A The Silver Rail
Licensee
DECISION
Panel: S. Grace Kerr, Board Member Allan Higdon, Board Member
Decision Date: October 24, 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 Toll Free In Ontario: 1-800-522-2876 Fax: (416) 326-5566 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Bryna Kaplan, Representative Marva Herrington, Licensee ) On her own behalf
A hearing into Notice of Proposal number 15419, dated July 5, 2007, to suspend liquor license number 25543 issued to Marva Herrington operating as The Silver Rail, 1602 Eglinton Avenue West, Toronto, Ontario, M6E 2G8, on the basis of an alleged violation of section 29 of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA), was held on October 22, 2007 in the City of Toronto.
Marva Herrington is the Licensee. She appeared on her own behalf and waived the right to legal representation.
Bryna Kaplan, Registrar’s Representative, and the 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 March 18, 2007, at approximately 4:38 a.m., people were still consuming liquor in the licensed premises.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 of the O. Reg.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Marva Herrington operating as The Silver Rail, 1602 Eglinton Avenue West, Toronto, Ontario, M6E 2G8, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on January 2, 2008 and CONTINUE until 2:00 a.m. on January 16, 2008.
DATED AT TORONTO THIS 24th DAY OF October, 2007.
S. GRACE KERR, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER
SGK/ee
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
MARVA HERRINGTON
OPERATING AS THE SILVER RAIL
1602 EGLINTON AVENUE WEST, TORONTO
LICENCE NO. 25543
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 July 5, 2007:
On March 18, 2007, at approximately 4:38 a.m., people were still consuming liquor in the licensed premises.
Based upon the above-admitted facts, the licence holder admits to violations of subsection 29 of Revised Regulation 719/90 under the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
Whereas the licensee served a 21 day suspension in November 2002;
The Licensee, having been advised of her 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 fourteen (14) day suspension of liquor licence number 25543 to be served consecutively from January 2, 2008 at 11 a.m., until January 16, 2008 at 2 a.m.
Respectfully submitted this 22 day of October, 2007,
Marva Herrington Bryna Kaplan
Licence Holder Counsel for the Registrar, AGCO
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