LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: NEW BUFFALO RESTAURANT (THE)
242 Queen Street East
Toronto, Ontario
M5A 1S3
Licensee: Xiu Qin Hou
Licence Number: 24949
Notice of Proposal: To SUSPEND a licence
January 9, 2007
The Proposal alleges that:
(a) Contrary to section 29 of the Liquor Licence Act, liquor was permitted to be sold or supplied to a person who was or appeared to be intoxicated.
(b) Contrary to subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder permitted drunkenness or riotous, quarrelsome, violent or disorderly conduct to occur on the licensed premises or in the areas under the control of the licence holder.
(c) Contrary to subsection 45(2) of the Liquor Licence Act, the licence holder failed to facilitate an inspection relevant to the licence.
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, 3^rd^ Floor
Toronto, Ontario
M2N 0A4
February 9, 2007
Presiding
Board Member: Allan Higdon, Member
Counsel for the
Registrar: Phillip Morris
Agent for the
Licensee: John Wilson
Attendance: Xiu Qin Hou, licensee
Exhibits: #1 Agreed Statement of Facts
#2 Joint Submission on Disposition
D E C I S I O N and O R D E R
WHEREAS the Board of the Alcohol and Gaming Commission of Ontario ("AGCO") held a hearing on February 9, 2007, pursuant to a Notice of Proposal dated January 9, 2007, to suspend the liquor licence issued to Xiu Qin Hou for premises operating as NEW BUFFALO RESTAURANT (THE), 242 Queen Street East, Toronto, Ontario, M5A 1S3, licence number 24949;
AND WHEREAS John Wilson, an agent, appeared on the licensee's behalf and waived his right to be represented by legal counsel;
AND WHEREAS the hearing proceeded by way of a written Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) submitted by the Counsel for the Registrar and John Wilson, appearing on behalf of the licensee, which are attached hereto and form part of this decision. With reference to the particulars of the allegations, it was agreed and admitted that:
On October 2, 2006, two drunken patrons left the premises and became involved in a fight. One of them re-entered the premises and consumed liquor. The person in charge could not produce keys for a locked fridge.
AND WHEREAS based on the Agreed Statement of Facts, the Board made a finding under subsection 45(1) of Ontario Regulation 719/90 enacted pursuant to the Liquor Licence Act. The Board accepted the withdrawal of the remaining allegations contained in the Notice of Proposal dated January 9, 2007;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Xiu Qin Hou for premises operating as NEW BUFFALO RESTAURANT (THE), 242 Queen Street East, Toronto, Ontario, M5A 1S3, licence number 24949, be SUSPENDED for FIFTEEN (15) consecutive days to COMMENCE at 11:00 a.m. on March 11, 2007 and CONTINUE until 2:00 a.m. on March 26, 2007;
AND FURTHER the Board ORDERS that the following condition be attached to the licence on the consent of the licensee:
"The person in charge of the premises shall have a key to open all licensed and unlicensed areas, rooms or appliances in the premises."
DATED AT TORONTO THIS 12^TH^ DAY OF FEBRUARY, 2007.
___________________________________
ALLAN HIGDON, BOARD MEMBER
AH/sm
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 XIU QIN HOU OPERATING AS THE NEW BUFFALO RESTARANT, 242 QUEEN ST.E., TORONTO
LICENCE NO. 0024949
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED JANUARY 9, 2007
AGREED STATEMENT OF FACTS
The licensee, after consultation with an agent, and the Registrar agree to the following facts:
On October 2, 2006, two drunken patrons left the premises and became involved in a fight. One of them re-entered the premises and consumed liquor. The person in charge could not produce keys for a locked fridge.
Based on paragraph 1, the licensee breached s. 45(1) of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission.
The licensee was suspended in 2005 for 7 days and 2006 for 8 days for the same breach.
JOINT SUBMISSIONS ON DISPOSITION
The licensee, after consultation with an agent, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 0024949 for a period of 15 days commencing at 11:00 a.m. on March 11, 2007 and ending at 2:00 a.m. on March 26, 2007.
A condition shall be added to the licence that the person in charge of the premises shall have a key to open all licensed and unlicensed areas, rooms or appliances in the premises.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 9^TH^ DAY OF FEBRUARY, 2007.
RESPECTFULLY SUBMITTED.
Xiu Qin Hou Phillip Morris
Licensee Registrar's Counsel