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 of Ontario Registrar
-and-
1590677 Ontario Inc. o/a Island Jerk Restaurant Licensee
ORDER
Panel: David C. Gavsie, Chair, AGCO S. Grace Kerr, Board Member
Decision Date: August 26, 2008 Hearing Location: Ottawa, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone: (416) 326-0366 Fax: (416) 326-5566 Toll Free in Ontario: 1-800-522-2876 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Richard Kulis, Representative 1590677 Ontario Inc., Licensee ) Cheryl Nedrick
Allegations
A hearing into Notice of Proposal number 16488 dated July 21, 2008, and Supplementary Notice of Proposal number 16535 dated July 30, 2008, to revoke a liquor licence and an Order dated July 21, 2008 to immediately suspend on an interim basis liquor licence number 806671 (the “Licence”), issued to 1590677 Ontario Inc., (the “Licensee”), operating as ISLAND JERK RESTAURANT, 1800 Bank Street, Unit 18, Ottawa, Ontario, K1V 0W3, on the basis of alleged violations of section 6 and subsections 45(1), and 45(2) of the Liquor Licence Act and section 29 and subsections 15(1), 34(1), 45(1), and 45.1 of Ontario Regulation 719/90, was commenced on August 7, 2008, and continued on August 8 and 22, 2008, in the City of Ottawa.
On July 21, 2008, the Registrar ordered the interim suspension of the Licensee’s licence in the interest of public safety and subject to an Order by the Board of the Alcohol and Gaming Commission of Ontario (the Interim Suspension).
On August 12, 2008, the Board ordered that the Interim Suspension remain in effect until the Board renders its final decision on the matters before it (the Board’s Order). The Board’s Order remains in effect.
Ms. Nedrick, the director, officer and shareholder of the corporate Licensee, has retained the legal services of and continues to wish representation by Mr. Gary Barnes in this matter, but requires a further adjournment of the hearing to accommodate Mr. Barnes’ availability. The Registrar consented to an adjournment of the hearing on that basis, provided that the Interim Suspension remains in effect.
The next hearing date that is mutually convenient to the parties is Thursday, September 25, 2008. The Board is advised that Mr. Barnes is available that date.
The Registrar had received no disclosure from the Licensee as of August 22, 2008.
Order
The Licensee, through its Representative, shall disclose to the Registrar's Representative pursuant to Rule 7 of the AGCO Rules of Practice, and specifically pursuant to Rule 7.3, a list of its witnesses together with a detailed summary of each witness' evidence, as well as disclosure pursuant to Rule 7.4, such disclosure to be made ten (10) days before the next hearing date;
The Registrar's Representative will complete any further disclosure, also pursuant to Rule 7.4, and pursuant to Rule 7.3, a list of its civilian witnesses together with a detailed summary of each such witness' evidence, such disclosure to be made ten (10) days before the next hearing date.
The Board confirms that the Interim Suspension remains in effect.
DATED AT TORONTO THIS 26^th^ DAY OF August, 2008.
DAVID C. GAVSIE, CHAIR S. GRACE KERR, BOARD MEMBER
SGK/ee