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-
Run Sen Chen O/A Sen Ming Garden Restaurant
Licensee
DECISION
Panel: Kirsti Hunt, Vice-Chair, AGCO Joan Lougheed, Board Member
Decision Date: August 21, 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 ) Phillip Morris, Representative Run Sen Chen, Licensee ) On his own behalf
[1]. A hearing into Notice of Proposal number 16252 dated May 2, 2008, to suspend liquor license number 806183 (the “Licence”), issued to Run Sen Chen, (the “Licensee”), operating as SEN MING GARDEN RESTAURANT, 473 Dundas Street West, Toronto, Ontario, M5T 1G8, on the basis of alleged violations of section 29 and subsection 25(1) of Ontario Revised Regulation 719/90 (the O.Reg) made pursuant to the Liquor Licence Act (LLA), was held on August 11, 2008, in the City of Toronto.
[2]. Run Sen Chen is the owner of the Licence. He appeared on his own behalf and waived the right to legal representation. Mr. Chen was assisted by a translator, Alverna Ho.
[3]. Phillip Morris, Registrar’s Representative, and the Licensee 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 October 13, 2007, the Licensee served beer in a teapot at 4:04 a.m. Patrons were still consuming beer at 4:17 a.m.
[4]. Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 and subsection 25(1) of the O. Reg.
[5]. In a letter dated August 13, 2008, the Licensee’s Representative requested an amendment to the terms of the Joint Submission on Disposition dated August 11, 2008. The Licensee sought to amend the suspension dates to commence at 11:00 a.m. on October 8, 2008 and continue to 2:00 a.m. on October 20, 2008. This request was not opposed by the Registrar.
Order
[6]. Therefore, having considered the Joint Submission on Disposition, and the written request to amend the suspension dates, the Board confirms its oral ORDER, as amended, that the liquor licence issued to Run Sen Chen, operating as SEN MING GARDEN RESTAURANT, 473 Dundas Street West, Toronto, Ontario, M5T 1G8, be SUSPENDED for TWELVE (12) consecutive days to COMMENCE at 11:00 a.m. on October 8, 2008 and continue to 2:00 a.m. on October 20, 2008.
DATED AT TORONTO THIS 21st DAY OF August , 2008.
KIRSTI HUNT, VICE-CHAIR, AGCO JOAN LOUGHEED, BOARD MEMBER
JL/ee
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 RUN SEN CHEN OPERATING AS , 473 DUNDAS ST. W., TORONTO
LICENCE NUMBER 806183
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED
MAY 2, 2008
AGREED STATEMENT OF FACTS
The licensee, after consultation with an agent, and the Registrar agree to the following facts:
On Oct. 13, 2007, the licensee served beer in a teapot at 4:04 am. Patrons were still consuming beer at 4:17 am.
Based on paragraph 1, the licensee breached s. 25(1) and 29 of Ont. Reg. 719/90
The licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
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JOINT SUBMISSION ON DISPOSITION
The licensee, after consultation with an agent, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 806183 for a period of 12 days commencing at 11:00 a.m. on Sept. 8, 2008 and ending at 2:00 a.m. on Sept. 20, 2008.
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 11TH DAY OF AUGUST, 2008.
RESPECTFULLY SUBMITTED,
Run Sen Chen Phillip Morris
Registrar’s Counsel