LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: DANG RESTAURANT 99 Pape Avenue Toronto, Ontario M4M 2V7
Licensee: Cuong Ve Dang Licence Number: 281041
Notice of Proposal: To REVOKE a licence Dated September 29, 2006
The Proposal alleges that:
(a) pursuant to section 6(2)(d) of the Liquor Licence Act, the past/present conduct of the applicant (or if a corporation) or its officers or directors, or a shareholder who owns or controls 10% or more of its equity shares, or a person having beneficial interest in the business, or a person having responsibility for the management or operation of the business affords reasonable grounds for belief that its business will not be carried on in accordance with the law and with integrity and honesty;
(b) contrary to subsection 6(2)(h) of the Liquor Licence Act, the licence is not in the public interest having regard to the needs and wishes of the residents of the municipality in which the premises are located.
(c) 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.
(d) 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.
(e) contrary to section 50(c) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder has failed to ensure that the premises complies with the Fire Protection & Promotion Act respecting the use of the premises.
Hearing: Alcohol & Gaming Commission of Ontario 90 Sheppard Avenue East, 3rd Floor Toronto, Ontario M2N 0A4 February 14 and 15, 2007
Presiding
Board Members: David C. Gavsie, Chair Alex McCauley, Member
Counsel for the Registrar: Phillip Morris
Counsel for the City of Toronto: Ray Kallio and Jessica Braun
Exhibits: #1 – Letters, emails, and statements of public objectors #2 – Letter to the AGCO dated October 10, 2006, from M. Mullins. #3 – AGCO Notice of Proposal #14030 dated April 7, 2006 #4 – AGCO Notice of Proposal #13929 dated March 16, 2006 #5 – AGCO Supplementary Notice of Proposal #13929 dated May 9, 2006 #6 – AGCO letter from Richard Kulis to Dang Restaurant dated May 18, 2006 #7 – Document book submitted by City of Toronto
WHEREAS the Board of the Alcohol and Gaming Commission of Ontario ("AGCO") held a hearing on February 14 and 15, 2007, pursuant to a Notice of Proposal dated September 29, 2006, to revoke the liquor licence issued to Cuong Ve Dang for premises operating as DANG RESTAURANT, 99 Pape Avenue, Toronto, Ontario, M4M 2V7, licence number 281041;
AND WHEREAS the hearing proceeded on an ex parte basis in that no one appeared for the licensee, nor was the licensee present;
THEREFORE, having considered the evidence presented by witnesses called and the submissions made by Registrar's counsel and counsel for the City of Toronto, a party to the proceedings, at the conclusion of the hearing the Board made an oral ORDER that the liquor licence issued to Cuong Ve Dang for premises operating as DANG RESTAURANT, 99 Pape Avenue, Toronto, Ontario, M4M 2V7, licence number 281041, be REVOKED effective IMMEDIATELY. Written reasons shall follow.
DATED AT TORONTO THIS 15TH DAY OF FEBRUARY, 2007.
DAVID C. GAVSIE, CHAIR ALEX MCCAULEY, BOARD MEMBER
DCG/rb