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-
Kenricia Properties Inc. O/A Kenricia Hotel
Licensee
DECISION
Panel: Kirsti Hunt, Vice-Chair
Brian J. Ford, Board Member
Decision Date: November 20, 2007
Hearing Location: Kenora, 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 Toll Free In Ontario: 1-800-522-2876
Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Joyce Taylor, Representative
Kenricia Properties Inc., Licensee ) Martin Leger, on behalf of
) the Corporation
Allegations
1. The Board of the Alcohol and Gaming Commission of Ontario ("AGCO") convened a hearing pursuant to Notice of Proposal number 15636 dated September 7, 2007 and Supplementary Notice of Proposal number 15668 dated September 24, 2007 to revoke a liquor licence and an Order dated September 7, 2007 to immediately suspend liquor licence number 10300 issued to Kenricia Properties Inc. operating as KENRICIA HOTEL, 155 Main Street South, Kenora, Ontario, P9N 1T1 on the basis of alleged violation of subsection 6(2)(g) of the Liquor Licence Act ("LLA") and subsections 50(c) and (d) of Ontario Regulation 719/90 ("O.Reg") made pursuant to the LLA, was held on October 4, 22 and 23, 2007 in the City of Kenora.
2. Martin Leger is an officer, director and shareholder of the Licensee Corporation. He appeared on behalf of the Corporation and waived the right to legal representation.
3. The Board heard testimony on October 4 and 22, 2007 and on October 23, 2007, Joyce Taylor, Registrar’s Representative, and Martin Leger submitted an Agreed Statement of Facts (Exhibit #11) and Joint Submission on Disposition (Exhibit #12) which form part of this decision. It was agreed and admitted that:
The Licensee admits that the premises are not in compliance with the regulations enacted pursuant to the Liquor Licence Act as set out in section 6(2)(g) of the Liquor Licence Act.
The Licensee has made considerable progress towards bringing the premises into compliance with the regulations enacted pursuant to the Liquor Licence Act since September 7, 2007. In particular the Licensee has rectified the fire and electrical deficiencies as noted in the Fire Marshall's Order dated September 7, 2007. The Chief Fire Official for the City of Kenora is prepared to rescind the Order to Close and the Inspection Order respecting the Kenricia Hotel on the understanding that the licensed area shall not be altered without the consent of the Chief Fire Official, failing which the Order to Close will be reinstated.
ORDER
Having considered all the circumstances and the Agreed Statement of Facts and Joint Submission on Disposition, the Board makes the following ORDERS:
The Licensee shall:
(a) forthwith complete such further work as may be required by the Northwestern Health Unit such that the Health Unit's order of October 4, 2007 is rescinded and by the Kenora Fire Service such that the Fire Marshall's Order to Close and Inspection Order of September 7, 2007 are rescinded by the Fire Service; and,
(b) following the lifting of the orders as set out in paragraph (a), obtain fresh Alcohol and Gaming Commission of Ontario Agency Letters, in the prescribed form, from the Kenora Fire Service, the Northwestern Health unit and the City of Kenora Building Department and submit those letters to the Registrar of the Alcohol and Gaming together with an accurate floor plan setting out the current licensed areas of the establishment which the Licensee currently intends to operate.
If the work required by Northwestern and/or the Kenora Fire Service as set out in paragraph 1 above requires any alteration to the boundaries of the current licensed areas of the establishment, the Licensee shall immediately submit and application for an alteration to the licensed areas to the Alcohol and Gaming Commission of Ontario and obtain a liquor license premise inspection in addition to the Agency letters as set out in paragraph 1(b) above.
The interim suspension of liquor licence 10300 shall remain in place until the earlier of:
(a) completion of all items set out in paragraphs 1 and 2, as required; or,
(b) December 24, 2007 at 12:00 noon Eastern time.
4. If all items set out in paragraphs 1 and 2, as required, are completed on or before December 24, 2007 at 12:00 noon Eastern time, then the interim suspension of the licence shall be terminated by the Board on the request of the Registrar.
5. If all items set out in paragraphs 1 and 2 are not completed on or before December 24, 2007 at 12: noon Eastern time, then the Licensee agrees that he shall surrender liquor licence 10300 at that time, to be effective immediately regardless of whether the Licensee has submitted the Alcohol and Gaming Commission of Ontario liquor licence surrender form or not. Such surrender shall be without prejudice to the Licensee to immediately reapply for a new liquor licence for this establishment.
DATED AT TORONTO THIS 20th DAY OF NOVEMBER,2007
BRIAN J. FORD, BOARD MEMBER KIRSTI HUNT, VICE-CHAIR
BJF/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 LICENCE
OF KENRICIA PROPERTIES INC.. OPERATING AS
KENRICIA HOTL, 155 MAIN STREET SOUTH
KENORA - LICENCE NUMBER 10300
NOTICE OF PROPOSAL 15668
AGREED STATEMENT OF FACTS
The Licensee who has been advised of its right to counsel and having waived that right and chosen to proceed without a lawyer, agrees with the Registrar's counsel agrees to the following facts in relation to the Notice of Proposal to Suspend a Licence dated September 7, 2007 and the Supplementary Notice of Proposal dated September 24, 2007.
The Licensee admits that the premises are not in compliance with the regulations enacted pursuant to the Liquor Licence Act as set out in section 6(2)(g) of the Liquor Licence Act.
The Licensee has made considerable progress towards bringing the premises into compliance with the regulations enacted pursuant to the Liquor Licence Act since September 7, 2007. In particular the Licensee has rectified the fire and electrical deficiencies as noted in the Fire Marshall's Order dated September 7, 2007. The Chief Fire Official for the City of Kenora is prepared to rescind the Order to Close and the Inspection Order respecting the Kenricia Hotel on the understanding that the licensed area shall not be altered without the consent of the Chief Fire Official, failing which the Order to Close will be reinstated.
JOINT SUBMISSION ON DISPOSITION
Whereas this Licensee has no adverse record before the Board,
The Licensee who has been advised of his right to counsel and having waived that right and chosen to proceed without a lawyer agrees with Registrar's counsel that the following disposition is appropriate in the circumstances:
The Licensee Shall:
- (a) forthwith complete such further work as may be required by the Northwestern Health Unit such that the Health Unit's order of October 4, 2007 is rescinded and by the Kenora Fire Service such that the Fire Marshall's Order to Close and Inspection Order of September 7, 2007 are rescinded by the Fire Service: and
(b) following the lifting of the orders as set out in paragraph (a), obtain fresh Alcohol and Gaming Commission of Ontario Agency Letters, in the prescribed form, from the Kenora Fire Service, the Northwestern Health unit and the City of Kenora Building Department and submit those letters to the Registrar of the Alcohol and Gaming together with an accurate floor plan setting out the current licensed areas of the establishment which the Licensee currently intends to operate.
If the work required by Northwestern and/or the Kenora Fire Service as set out in paragraph 1 above requires any alteration to the boundaries of the current licensed areas of the establishment, the Licensee shall immediately submit and application for an alteration to the licensed areas to the Alcohol and Gaming Commission of Ontario and obtain a liquor license premise inspection in addition to the Agency letters as set out in paragraph 1(b) above.
The interim suspension of liquor licence 10300 shall remain in place until the earlier of:
(a) completion of all items set out in paragraphs 1 and 2, as required; or
(b) December 24, 2007 at 12:00 noon Eastern time.
If all items set out in paragraphs 1 and 2, as required, are completed on or before December 24, 2007 at 12:00noon Easter time, then the interim suspension of the licence shall be terminated by the Board on the request of the Registrar.
If all items set out in paragraphs 1 and 2 are not completed on or before December 24, 2007 at 12: noon Eastern time, then the Licensee agrees that he shall surrender liquor licence 10300 at that time, to be effective immediately regardless of whether the licensee has submitted the Alcohol and Gaming Commission of Ontario liquor licence surrender form or not. Such surrender shall be without prejudice to the Licensee to immediately reapply for a new liquor licence for this establishment.
Respectfully submitted this 23rd day of October, 2007.
Martin Leger Joyce A. Taylor
“I have authority to bind Registrar's Counsel
the Corporation.”