LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: WINE DEPOT
887 Hamilton Rd.,
Main
London, ON
N5Z 1V8
Licensee: Gait Corporation
Licence Number: 810414
Notice of Proposal: To REVOKE a licence
Dated August 29, 2007
Notice of Proposal: To REFUSE to remove conditions
Dated November 14, 2006
The Registrar, having reason to believe that the licence holder has contravened a condition of the licence, proposes pursuant to subsection 15 (5) of the Liquor Licence Act to revoke the liquor licence of the licence holder.
A condition of the licence states:
“Steven Peter Van Eldik agrees that David Erlin Board has no involvement with the operation of the establishment Wine Depot as an owner, an officer, director, shareholder and manager of staff member or be allowed on the Premise.”
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Ave. East, 3rd Floor
Toronto, Ontario
M2N 0A4
Via Teleconference
January 26, 2007
Presiding
Board Member: Guy Maurice, Member
Counsel for the
Registrar: Brad Alton
Counsel for the
Licensee: William Mitches
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 teleconference hearing on January 26, 2007 pursuant to a Notice of Proposal dated August 29, 2006 to revoke the licence and a Notice of Proposal dated November 14, 2006 to remove conditions from a licence issued to Gait Corporation for premises operating as Wine Depot, 887 Hamilton Road, Main, London, Ontario, N5Z 1V8, licence no. 810414;
AND WHEREAS the corporate licensee was represented by legal counsel, William Mitches;
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:
On June 14, 2006, during an undercover investigation, London police officers observed that David Erlin Board was in the licensed premises and was acting in the capacity of an employee of the Licence Holder.
AND WHEREAS based on the Agreed Statement of Facts, the Board FINDS that the licensee is in contravention of a condition of the licence;
AND WHEREAS the Board accepted the withdrawal by the licensee of the Application for removal or change of conditions and the agreement by the licensee not to re-submit an application for removal or change of conditions to the AGCO for a period of at least one year from the date of the signed Joint Submission on Disposition;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Gait Corporation for premises operating as Wine Depot, 887 Hamilton Road, Main, London, Ontario, N5Z 1V8, licence no. 810414 be SUSPENDED for THIRTY (30) consecutive days to COMMENCE at 11:00 a.m. on March 18, 2007 and CONTINUE until 2:00 a.m. on April 17, 2007.
DATED AT TORONTO THIS 30TH DAY OF JANUARY, 2007.
GUY MAURICE, BOARD MEMBER
GM/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 GAIT CORPORATION OPERATING AS WINE DEPOT, 887 HAMILTON ROAD, MAIN, LONDON, LICENCE NO. 810414
NOTICE OF PROPOSAL NUMBER 14474
NOTICE OF PROPOSAL NUMBER 14706
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 Revoke a Licence dated August 29, 2006, and the Notice of Proposal to Refuse to Remove Conditions dated November 14, 2006:
On June 14, 2006, during an undercover investigation, London police officers observed that David Erlin Board was in the licensed premises and was acting in the capacity of an employee of the Licence Holder.
A condition of the licence states:
Steven Peter Van Eldik agrees that David Erlin Board has no
involvement with the operation of the establishment Wine Depot as an
owner, an officer, director, shareholder and manager of staff member or
be allowed on the Premise.
Steven Peter Van Eldik further acknowledges that if he fails to comply
with the and/or commits any infraction or contravention of the Liquor
Licence Act, the Deputy Registrar may issue a Notice of Proposal to
Suspend or to Revoke liquor licence number 810414 issued to the
corporation Gait Corporation.
- Based on the facts in paragraph 1, the Licence Holder admits to a
violation of the condition on the liquor licence.
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 GAIT CORPORATION OPERATING AS WINE DEPOT, 887 HAMILTON ROAD, MAIN, LONDON, LICENCE NO. 810414
NOTICE OF PROPOSAL NUMBER 14474
NOTICE OF PROPOSAL NUMBER 14706
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 Revoke a Licence and the Notice of Proposal to Refuse to Remove Conditions, is appropriate in these circumstances:
There shall be a THIRTY (30) day suspension of liquor licence #0810414 to be served consecutively within NINETY (90) days of today’s date on dates to be provided in writing to the Manager of Hearings within SEVEN (7) days of the date this Joint Submission is heard and approved by the Board, failing which dates shall be imposed by the Board without further consultation with the Licensee. Furthermore, the Licensee is aware that the proposed suspension cannot start within 20 days of the date of acceptance by the Board.
The Licensee consents to and hereby withdraws his Application for Removal or Change of Conditions. Furthermore, the Licensee agrees not to re-submit an Application for Removal or Change of Conditions to the Alcohol & Gaming Commission of Ontario for a period of at least one year from today’s date.
Dated at London this 16th day of January, 2007.
Steven Peter Van Eldik Brad Alton, Counsel for the
Licence Holder Registrar of the AGCO
“I have the authority to bind the corporation”
Jed M. Chinneck
Counsel for the Licence Holder