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-
1616334 Ontario Inc. O/A Harp & Crown Pub
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair
Decision Date: April 9, 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 ) Daniel Alakas, Representative
1616334 Ontario Inc., Licensee ) Michael Boothe, Representative
A teleconference hearing into Notice of Proposal number 15731 dated October 31, 2007 to revoke liquor licence number 806202 issued to 1616334 Ontario Inc. operating as HARP & CROWN PUB, 300 Kingston Road, Units 9-11, Pickering, Ontario, L1V 6Y9 on the basis of alleged violations of section 16, subsections 6(2)(d), 6(2)(e) and 45(1) of the Liquor Licence Act ("LLA") and section 29 of Ontario Revised Regulation 719/90 ("O.Reg") made pursuant to the LLA, was held on April 8, 2008 in the City of Toronto.
Daniel Alakas, Registrar's Representative, and Michael Boothe, 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:
On March 10, 2006, January 14, 2007, January 24, 2007 and April 27, 2007, during routine liquor inspections, the manager in charge of the establishment, Jeevarajah Sivasothyrajah represented himself to a liquor inspector as the deceased shareholder Vasini Jeevarajah. No application for transfer of ownership had been made at that time.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 16 and subsection 45(1) of the LLA. The Board accepted the withdrawal of the remaining allegations.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1616334 Ontario Inc. operating as HARP & CROWN PUB, 300 Kingston Road, Units 9-11, Pickering, Ontario, L1V 6Y9, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on May 26, 2008, and CONTINUE until 2:00 a.m. on June 2, 2008.
DATED AT TORONTO THIS 9th DAY OF APRIL, 2008.
PATRICIA MCQUAID, VICE-CHAIR PM/cp
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
1616334 ONTARIO INC. OPERATING AS HARP & CROWN PUB,
300 KINGSTON RD, UNITS 9 – 11, PICKERING
LICENCE NO. 806202
AND IN THE MATTER OF A NOTICE OF PROPOSAL NO.
15731 ISSUED OCTOBER 31, 2007.
AGREED STATEMENT OF FACTS
The licensee, after having consulted with an agent and after being advised of the right to counsel and having waived that right, and the Registrar agree to the following facts:
On March 10, 2006, January 14, 2007, January 24, 2007 and April 27, 2007, during routine liquor inspections, the manager in charge of the establishment, Jeevarajah Sivasothyrajah represented himself to a liquor inspector as the deceased shareholder Vasini Jeevarajah. No application for transfer of ownership had been made at that time.
Based on the above mentioned facts, the licensee admits to having breached Section 45(1) of the Liquor Licence Act by withholding, concealing and refusing to provide relevant information required for the purpose of an inspection under the Act.
Based on the aforementioned facts, the licensee admits to having breached Section 16 of the Liquor Licence Act in that the licensee kept for sale and sold liquor without transferring the licence despite a change in ownership.
The licensee has no prior record of suspensions imposed by the Board.
The notice of change in ownership for an Ontario Corporation has been filed with the Ministry of Government Services.
The application for transfer of ownership has been filed with the AGCO.
JOINT SUBMISSIONS ON DISPOSITION
The licensee, after consulting with an agent and after having been advised of the right to counsel and having waived that right, and the Registrar's Representative jointly submit that the following disposition is appropriate in the circumstances:
There shall be a seven (7) day suspension of liquor licence number 806202.
The seven (7) day suspension of liquor licence number 806202 shall be served on dates to be provided, in writing, to the Manager of the Hearing Section of the Alcohol and Gaming Commission of Ontario, 90 Sheppard Ave. E., Suite 200, Toronto, ON, M2N 1A4, fax: (416) 326-5566, within the next seven (7) days. Should the licensee fail to provide suspension dates to the Board, the Board shall set the dates for the suspensions without further consultation with the licensee. The suspension cannot commence for at least twenty (20) days following notification and must be completed within ninety (90) days of today's date.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO, THIS 8TH DAY OF APRIL, 2008.
RESPECTFULLY SUBMITTED,
Michael BOOTHE Daniel ALAKAS
Agent for Licence Holder Registrar's Representative