LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: NINH KIEU KARAOKE 825 Runnymede Road Toronto, Ontario M6N 3V8
Licensee: Dao Le Licence Number: 806167
Notice of Proposal: To SUSPEND a licence Dated November 10, 2006
The Proposal alleges that:
(a) Contrary to subsection 30.1(1) under the Liquor Licence Act, the licence holder failed to display the Fetal Alcohol Spectrum Disorder warning sign while selling or supplying liquor or offering to sell or supply liquor.
(b) Contrary to subsection 20(1) of Regulation 719/90 under the Liquor Licence Act, the licence holder engaged in or permitted practices which tended to encourage patrons' immoderate consumption of liquor.
(c) 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.
(d) 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, 3rd Floor Toronto, Ontario M2N 0A4 January 12, 2007
Presiding Board Member: Allan Higdon, Member
Agent for the Registrar: Sujin Chan, Student-at-law Agent for the Licensee: Son Nguyen
Exhibits: #1 Agreed Statement of Facts #2 Joint Submission on Disposition
DECISION and ORDER
WHEREAS the Board of the Alcohol and Gaming Commission of Ontario ("AGCO") held a teleconference hearing on January 12, 2007, pursuant to a Notice of Proposal dated November 10, 2006 to suspend the liquor licence issued to Dao Le for premises operating as NINH KIEU KARAOKE, 825 Runnymede Road, Toronto, Ontario, M6N 3V8, licence number 806167;
AND WHEREAS Son Nguyen, 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 Son Nguyen, 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 May 6, 2006, a drunken patron was in the licensed premises. The licence holder also offered for sale six cans of beer at one serving.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsections 20(1) and 45(1) of Ontario Revised 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 November 10, 2006 and the withdrawal of the Notice of Proposal (14791) to Refuse Transfer dated January 3, 2007;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Dao Le for premises operating as NINH KIEU KARAOKE, 825 Runnymede Road, Toronto, Ontario, M6N 3V8, licence number 806167, be SUSPENDED for SEVENTEEN (17) consecutive days to COMMENCE at 11:00 a.m. on February 16, 2007 and CONTINUE until 2:00 a.m. on March 5, 2007.
DATED AT TORONTO THIS DAY OF 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 DAO LE OPERATING AS NIINH KIEU KARAOKE, 825 RUNNYMEDE ROAD, TORONTO LICENCE NUMBER 806167
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 decided to proceed without legal counsel, and Registrar's Agent agree to the following:
On May 6, 2006, a drunken patron was in the licensed premises. The licence holder also offered for sale six cans of beer at one serving.
The licence holder has taken steps to ensure compliance with the law.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 30(1) and subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has no prior disciplinary record with the Commission.
JOINT SUBMISSIONS ON 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 Agent submit that the following disposition is appropriate in these circumstances:
A seventeen (17) day suspension of the liquor licence.
Should the Board accept this agreed Statement of Facts and order the joint submission on Disposition as set out herein, then the Registrar shall withdraw all remaining allegations as set out in the Notice of Proposal Number 14698 Dated 10th November, 2006, and withdraw the Notice of Proposal to Refuse Transfer, Number 14791 dated 3rd January, 2007.
Dated at Toronto this 8th day of January, 2007.
Dao Le Licence Holder
Sujin Chan Agent for the Registrar of the AGCO
Son Nguyen Agent for the Licence Holder