LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: FARENHEIT RESTAURANT AND LOUNGE
57 Carlisle Street
St. Catharines, Ontario
L2R 7N6
Licensee: Diana Kim Rainford-Allen
Licence Number: 803841
Notice of Proposal: To SUSPEND a licence and to ADD a condition to the licence
Dated July 28, 2006.
The Proposal alleges that:
(a) contrary to subsection 45(2) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder permitted a person to hold, offer for sale, sell, distribute or consume a narcotic as defined in the Controlled Drugs and Substances Act on the premises or in the adjacent washrooms, liquor and food preparation areas and storage areas under the exclusive control of the licence holder.
(b) contrary to section 29 of Ontario Regulation 719/90 under the
Liquor Licence Act (the “O. Reg. 719/90”) the licence holder failed to clear the signs of service and consumption in the licensed premises within 45 minutes after the end of the period during which liquor may be sold and served under the licence.
Hearing: Holiday Inn
2 North Service Road
St. Catharines, Ontario
January 30, 2007
Presiding
Board Members: Beryl Ford, Member
Allan Higdon, Member
Counsel for the
Registrar: Brad Alton
Counsel for the
Licensee: Patrick Little
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 January 30, 2007 pursuant to a Notice of Proposal dated July 28, 2006 to suspend the licence and to add a condition to the licence issued to Diana Kim Rainford-Allen for premises operating as Farenheit Restaurant and Lounge, 57 Carlisle St., St. Catharines, Ontario, L2R 7N6, licence no. 803841;
AND WHEREAS the corporate licensee was represented by legal counsel, Patrick Little;
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 counsel for the corporate 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:
An inspection on March 26, 2006, found that the signs of service and consumption of liquor had not been cleared from the licensed premises.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under section 29 of the O. Reg. 719/90. The Board accepted the withdrawal by the Registrar of the remaining allegation, as well as the early closing condition, contained in the Notice of Proposal dated July 28, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Diana Kim Rainford-Allen for premises operating as Farenheit Restaurant and Lounge, 57 Carlisle St., St. Catharines, Ontario, L2R 7N6, licence no. 803841 be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on February 13, 2007 and CONTINUE until 2:00 a.m. on February 20, 2007.
DATED AT TORONTO THIS 31ST DAY OF FEBRUARY, 2007.
____________________________________ ________________________________
ALLAN HIGDON, BOARD MEMBER BERYL FORD, BOARD MEMBER
AH/mw
Attachment.
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
DIANA KIM RAINFORD-ALLEN
OPERATING AS FARENHEIT RESTAURANT AND LOUNGE,
57 CARLISLE ST., ST. CATHARINES,
LICENCE NO. 803841
NOTICE OF PROPOSAL NUMBER 14382
________________________________________________________________
AGREED STATEMENT OF FACTS
The Licence holder, having consulted legal counsel and Registrar’s counsel agree to the following with respect to the Notice of Proposal to Suspend a Licence and Add a Condition to the Licence dated July 28, 2006:
An inspection on March 26, 2006, found that the signs of service and consumption of liquor had not been cleared from the licensed premises.
Based on the facts in paragraph 1, the Licence Holder admits to a violation
of section 29 of Ontario Regulation 719/90 under the Liquor Licence Act.
- The Licence Holder has no prior adverse record with the Commission.
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
DIANA KIM RAINFORD-ALLEN
OPERATING AS FARENHEIT RESTAURANT AND LOUNGE,
57 CARLISLE ST., ST. CATHARINES,
LICENCE NO. 803841
NOTICE OF PROPOSAL NUMBER 14382
JOINT SUBMISSION ON DISPOSITION
The Licence Holder, having consulted legal counsel, and Registrar’s counsel submit that the following disposition, with respect to the Notice Of Proposal To Suspend a Licence and Add a Condition to the Licence dated July 28, 2006, is appropriate in these circumstances:
There shall be a SEVEN (7) day suspension of liquor licence #803841 to be served consecutively commencing at 11:00 a.m. on February 13, 2007, and ending at 2:00 a.m., on February 20, 2007.
Should the Board members make the findings as agreed to, and impose the disposition as submitted, then the Registrar will withdraw the remaining allegations in the Notice of Proposal of July 28, 2006. This includes the withdrawal of the early closing condition.
Dated at St. Catharines this 30th day of January, 2007.
__________________________________ ____________________________________
H.A. Patrick Little Brad Alton, Counsel for the
Counsel for the Licence Holder Registrar of the AGCO
__________________________________
Diana Kim Rainford-Allen
Licence Holder