LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: WINE AND BEER 50 Silver Star Boulevard Unit #241 Scarborough, Ontario M1V 4W3
Licensee: Tian Hui Zhao & Bing Liu Licence Number: 809879
Notice of Proposal: To SUSPEND a licence
The Proposal alleges that:
(a) Contrary to clause 4(1)(a) of Ontario Regulation 58/00 under the Liquor Licence Act, the licensee produced on the licensed premises beer or wine for sale or exchange.
(b) Contrary to clause 4(1)(b) of Ontario Regulation 58/00 under the Liquor Licence Act, the licensee kept for sale or exchange, offered for sale or exchange, sold exchanges beer or wine on the licensed premises.
(c) Contrary to clause 4(1)(c) of Ontario Regulation 58/00 under the Liquor Licence Act, the licensee gave liquor to a person in the licensed premises.
(d) Contrary to subsection 9(1) of Ontario Regulation 58/00 under the Liquor Licence Act, the licensee did not prepare and provide to the person making wine or beer, before the person began to make wine or beer on the licensed premises, an invoice bearing the information required under the regulations;
(e) Contrary to subsection 9(3) of Ontario Regulation 58/00 under the Liquor Licence Act, the licensee failed to ensure that each carboy being used for the making of beer or wine on the licensed premises had a tag attached to it bearing the number of the invoice provided to the person whose ingredients had been placed in the carboy and the date on which the enzymes or yeast were added.
(f) Contrary to clause 3(1)(d) of Ontario Regulation 58/00 under the Liquor Licence Act, the licensee failed to ensure that the customer placed his or her beer or wine in containers.
(g) Contrary to clause 3(1)(e) of Ontario Regulation 58/00 under the Liquor Licence Act, the licensee failed to ensure that the customer labeled, corked capped, shrink wrapped or packaged his or her beer or wine.
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, 3rd Floor Toronto, Ontario M2N 0A4 January 19, 2007
Presiding Board Members: Guy Maurice, Member Beryl Ford, Member
Counsel for the Registrar:
Richard Kulis
Attendance: Tian hui Zhao, 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 19, 2007, pursuant to a Notice of Proposal dated June 27, 2006 to suspend the liquor licence issued to Tian Hui Zhao & Bing Liu (“the Licensee”) for premises operating as WINE AND BEER, 50 Silver Star Boulevard, Unit #241, Scarborough, Ontario, M1V 4W3, licence number 809879;
AND WHEREAS Tian Hui Zhao, the Licensee, appeared his own 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 Tian Hui Zhao , 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 March 24, 2006 and on April 12, 2006 carboys containing wine and ingredients for the making of wine had no tags identifying who owned the product in the carboy. No invoices were available for any of the wine in carboys. The licence holder also gave wine which he had bottled to a liquor licence inspector and police officer who were posing as customers.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 9(1) and 9(3) and clauses 4(1)(c) and 3(1)(d) of Ontario Regulation 58/00 under the Liquor Licence Act. The Board accepted the withdrawal of the remaining allegations contained in the Notice of Proposal dated June 27, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Tian Hui Zhao & Bing Liu for premises operating as WINE AND BEER, 50 Silver Star Boulevard, Unit #241, Scarborough, Ontario, M1V 4W3, licence number 809879, be SUSPENDED for TWENTY-ONE (21) consecutive days to COMMENCE at 12:01 a.m. on March 1, 2007 and CONTINUE until 11:59 p.m. on March 21, 2007.
DATED AT TORONTO THIS DAY OF 2007.
BERYL FORD, BOARD MEMBER GUY MAURICE, BOARD MEMBER
BF/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 BREW ON PREMISE LICENCE OF TIAN HUI ZHAO & BING LIU OPERTING AS WINE AND BEER, 50 SILVER STAR BLVD., UNIT #241 SCARBOROUGH LICENCE NO. 809879
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 proceed without legal counsel, and Registrar’s Counsel agree to the following:
On March 24, 2006 and on April 12, 2006 carboys containing wine and ingredients for the making of wine had no tags identifying who owned the product in the carboy. No invoices were available for any of the wine in carboys. The licence holder also gave wine which he had bottled to a liquor licence inspector and police officer who were posing as customers.
Based on the facts in paragraph 1, the licence holder admits to violations of clause 4(1)(c) (give liquor), subsection 9(1)(no invoices), subsection 9(3)(no tags) and clause 3(1)(d)(licensee bottle wine) all of Ontario Regulation 58/00 under the Liquor Licence Act.
The licence holder has no prior adverse 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 Counsel submit that the following disposition is appropriate in these circumstances:
A twenty-one (21) day suspension of the brew on premise licence to start at 12:01 am on Thursday, March 1, 2007 until 1:59 pm on Wednesday March 27, 2007.
Should the Board members make the findings as agreed to and impose the disposition as submitted, then Registrar’s counsel will withdraw the remaining allegation in the Notice of Proposal of June 27, 2006..
Dated in Toronto this 19th day of January 2007
For the licence holder Richard E. Kulis, for the Registrar Of the AGCO