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-
Mackie’s Restaurant Bar & Grill Inc. O/A Mackie’s Restaurant Bar & Grill
Licensee
ORDER
Panel: Patricia McQuaid, Vice-Chair Joan Lougheed, Board Member
Order Date: September 17, 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 Fax (416) 326-5566 Website:www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Richard Kulis, Representative
Mackie’s Restaurant Bar & Grill Inc., Licensee )
Allegations
- A hearing into Notice of Proposal number 16542 dated August 1, 2008 to revoke a liquor licence and an Order by the Registrar dated August 1, 2008 to immediately suspend liquor license number 203380 issued to Mackie’s Restaurant Bar & Grill Inc. (the “Licensee”) operating as MACKIE’S RESTAURANT BAR & GRILL, 18 Queen Street East, Brampton, Ontario, L6V 1A2, on the basis of alleged violation of clause 6(2)(d) of the Liquor Licence Act (LLA) and alleged violations of subsection 45(1) of the LLA and section 29 and subsections 15(1), 45(1), 45(2), 60(2), 64(1) and 64(2) of Ontario Regulation 719/90 (O.Reg) made pursuant to the LLA, convened on September 16, 2008, in the City of Toronto.
Order
The Registrar had ordered on August 1, 2008 that an Interim Suspension be placed on the licence in the interest of public safety.
The hearing commenced on August 20, 2008. No evidence was heard on that date. Upon request by Jennifer McIntosh, a director, officer and shareholder of the Corporate Licensee, and on consent of Richard Kulis, Registrar’s Representative, the Board granted an adjournment to permit Ms. McIntosh to retain legal representation. By oral order on that date, and confirmed in the written Order dated August 22, 2008, the Interim Suspension was to remain in effect until the next hearing date.
The hearing convened again on September 16, 2008. The principal of the Corporate Licensee was not present at the commencement of the hearing, nor was any representative on her behalf. At 10:00 a.m., no representative of the Licensee being in attendance, Mr. Kulis made a motion to have the hearing proceed ex parte. Based on the evidence presented, the Board concluded that the Licensee had received effective notice of the hearing. The motion was granted and the hearing proceeded ex parte.
At the conclusion of the hearing, Mr. Kulis requested that the Interim Suspension continue until the Board has made a decision on the allegations contained in the Notice of Proposal.
The Board, based on the serious allegations and the evidence heard, CONFIRMS its oral ORDER that it is in the public interest that the Interim Suspension currently in place on licence number 203380 issued to Mackie’s Restaurant Bar & Grill Inc. operating as MACKIE’S RESTAURANT BAR & GRILL, 18 Queen Street East, Brampton, Ontario, L6V 1A2, remain in effect until the Board renders its decision.
DATED AT TORONTO THIS 17th DAY OF SEPTEMBER, 2008
PATRICIA MCQUAID, VICE-CHAIR JOAN LOUGHEED, BOARD MEMBER
JL/cp