ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The :
Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission Ontario
Registrar
-and-
Water Store Inc. (The) O/A Cilento Wines
Licensee
DECISION
Panel: Allan Higdon , Board Member
Decision Date: March 19, 2008
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, Suite 300
Toronto ON M2N 0A4
Phone: (416) 326-0366 Toll Free In Ontario: 1-800-522-2876
Fax: (416) 326-5566
Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Richard Kulis, Representative
Water Store Inc. (The), Licensee ) Edward Tonello, Representative
A teleconference hearing into Notice of Proposal number 14164 dated May 30, 2006 to suspend the authorization to operate an on-site grape winery retail store for manufacturer’s licence number 23470 issued to Water Store Inc. (The) operating as CILENTO WINES, 672 Chrislea Road, Vaughan, Ontario, L4L 8K9 on the basis of an alleged breach of a condition of the Authorization pursuant to paragraphs 2 and 28 of the Terms and Conditions was held on March 18, 2008 in the City of Toronto.
Richard Kulis, Registrar’s Representative, and Edward Tonello, Licensee’s Representative, submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision. It was agreed and admitted that:
Cilento Wines bought 56 cases of sparkling wine from Lakeview Estate Winery Limited and then sold that wine through its winery retail store. Cilento Wines performed no significant winemaking steps of this wine as set out in the Registrar’s MADE policy. This wine was not eligible to be sold from Cilento Wines retail store.
- Based on the Agreed Statement of Facts, the Board found the Licensee/Authorization Holder breached condition 2 of the Terms and Conditions of Cilento Wines Authorization. The Board accepted the withdrawal of the remaining allegation.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the manufacturer’s licence issued to Water Store Inc. (The) operating as CILENTO WINES, 672 Chrislea Road, Vaughan, Ontario, L4L 8K9, be SUSPENDED for THREE (3) consecutive days to COMMENCE at 12:01 a.m. on March 26, 2008 and CONTINUE until 11:59 p.m. on March 28, 2008.
DATED AT TORONTO THIS 19th DAY OF MARCH, 2008.
ALLAN HIGDON, BOARD MEMBER
AH/cp
Attached
IN THE MATTER OF THE LIQUOR CONTROL ACT
R.S.O. 1990, chapter L.18, paragraph 3(1)(e)
AND IN THE MATTER OF THE AUTHORIZATION
TO OPERATE AN ON-SITE GRAPE WINERY RETAIL
STORE OF WATER STORE INC. OPERATING AS
CILENTO WINES, 672 CHRISLEA ROAD, VAUGHAN
LICENCE NUMBER 23470
NOTICE OF PROPOSAL NUMBER 14164
Agreed Statement of Facts
The Authorization Holder, having consulted legal counsel, and Registrar’s representative agree to the following:
Cilento Wines bought 56 cases of sparkling wine from Lakeview Estate Winery Limited and then sold that wine through its winery retail store. Cilento Wines performed no significant winemaking steps of this wine as set out in the Registrar’s MADE policy. This wine was not eligible to be sold from Cilento Wines retail store.
Based on the facts in paragraph 1, the Authorization Holder admits to a violation of condition 2 of the Terms and Conditions of Cilento Wines Authorization.
The Authorization Holder has no prior adverse record with the Commission.
-2-
Joint Submission Regarding
Disposition
The Authorization Holder, having consulted with legal counsel, and Registrar’s representative submit that the following disposition is appropriate in these circumstances:
- A three (3) day suspension of the winery retail store authorization to start at 12:01 am on Wednesday, March 26, 2008 until midnight on Friday, March 28, 2008.
Dated in Toronto this 28th day of February, 2008.
for the Authorization Holder Richard E. Kulis, for the Registrar
of the AGCO