LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: JONES BAR AND GRILL 1169 Queen Street East Toronto, Ontario M4M 1L5
Licensee: Wei Hu
Licence Number: 280444
Notice of Proposal: To SUSPEND a licence Dated August 24, 2006
Supplementary Notice of Proposal: To SUSPEND a licence Dated November 9, 2006
The Proposals, as amended, allege that:
(a) contrary to subsection 45(1) of Ontario Regulation 719/90 (the “O. Reg.”) under the Liquor Licence Act (the “LLA”), 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.
(b) contrary to section 29 of the O. Reg. under the LLA, 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: Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 200 Toronto, Ontario M2N 0A4
January 12, 2007
Presiding Board Members: David C. Gavsie, Chair Allan Higdon, Member
Counsel for the
Registrar: Richard E. Kulis
Attendance: Richard Kesten, agent for the 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 January 12, 2007, pursuant to a Notice of Proposal dated August 24, 2006, and a Supplementary Notice of Proposal dated November 9, 2006, as amended, to suspend the liquor licence issued to Wei Hu, for premises operating as JONES BAR AND GRILL, 1169 Queen Street East, Toronto, Ontario, M4M 1L5, licence number 280444;
AND WHEREAS the licensee was represented by agent Richard Kesten, who indicated both he and the Licensee waived the Licensee’s 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 signed by the licensee (Exhibit #2), submitted by counsel for the Registrar and Richard Kesten, appearing on behalf of the corporate licensee, which are attached hereto and form part of this decision. With reference to the particulars of the allegations, and per the amended Supplementary Notice of Proposal, it was agreed and admitted that:
Drunken patrons were permitted in the licensed premises on May 11, 2006, and August 13, 2006.
On October 27, 2006, at 2:55 a.m., two patrons in the licensed premises were still consuming beer.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45(1) and section 29 of the O. Reg. enacted pursuant to the LLA;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Wei Hu, for premises operating as JONES BAR AND GRILL, 1169 Queen Street East, Toronto, Ontario, M4M 1L5, licence number 280444, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on February 5, 2007, and CONTINUE until 2:00 a.m. on February 19, 2007.
DATED AT TORONTO THIS DAY OF 2007.
DAVID C. GAVSIE, CHAIR ALLAN HIGDON, BOARD MEMBER
DCG/rb
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
BLAKE CHARLES WOOD, WAI HU, OPERATING AS JONES BAR AND GRILL, 1169 QUEEN STREET EAST, TORONTO, LICENCE NUMBER 280444
AGREED STATEMENT OF FACTS
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and having declined that right and agreed to process without legal counsel, and Registrar’s Counsel agree to the following:
Drunken patrons were permitted in the licensed premises on May 11, 2006, and August 13, 2006.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
On October 27, 2006 at 2:55 am two patrons in the licensed premises were still consuming beer.
Based on the facts in paragraph 3, 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 before the Commission.
JOINT SUBMISSIONS REGARDING DISPOSITION
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and has declined that right and agreed to proceed without legal counsel, and Registrar’s Counsel submit that the following disposition is appropriate in these circumstances:
- A fourteen (14) day suspension of the liquor licence to start at 11:00 am on Monday, February 5, 2007 and continue until 2:00 am on Monday, February 19, 2007.
Dated in Toronto this 12th day of January 2007.
(signed by Wei Hu) Richard E. Kulis, for the Registrar
For the licence holder of the AGCO