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-
1672071 Ontario Inc. O/A Five Star Daybreak Sports Bar & Grill
Licensee
DECISION
Panel: Eleanor Meslin, Board Member Joan Lougheed, Board Member
Decision Date: June 24, 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 ) Joyce Taylor, Representative 1672071 Ontario Inc., Licensee ) B.M. Haines, Representative
A hearing into Notice of Proposal number 16068 dated February 26, 2008 to suspend liquor licence number 200375 issued to 1672071 Ontario Inc. operating as FIVE STAR DAYBREAK BAR & GRILL, 4016 Finch Avenue East, Scarborough, Ontario, M1S 3T6, on the basis of an alleged violation of subsection 58(7) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”) was held on May 30, 2008 in the City of Toronto.
Joyce Taylor, Registrar’s Representative, and B.M. Haines, 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 October 22, 2007, a liquor inspector visited the licensed premises and found that the licensee was not maintaining a daily record of the wine manufactured under his wine pub endorsement which was sold in the establishment.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 58(7) of the O.Reg.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1672071 Ontario Inc. operating as FIVE STAR DAYBREAK BAR & GRILL, 4016 Finch Avenue East, Scarborough, Ontario, M1S 3T6, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on June 30, 2008, and CONTINUE until 2:00 a.m. on July 7, 2008.
DATED AT TORONTO THIS 24th DAY OF JUNE, 2008.
JOAN LOUGHEED, BOARD MEMBER ELEANOR MESLIN, BOARD MEMBER
JL/cp
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, c.L.19 s. 15(1) AND 21(1)
IN THE MATTER OF THE LIQUOR LICENCE OF
1672071 ONTARIO INC. OPERATING AS
FIVE STAR DAYBREAK SPORTS BAR & GRILL RESTAURANT
4016 FINCH AVE EAST, TORONTO – LICENCE NO. 200375
NOTICE OF PROPOSAL NUMBER 16068
AGREED STATEMENT OF FACTS
The Licensee, who has been advised by his agent, agrees with Registrar’s counsel to the following facts in relation to the Notice of Proposal to Suspend a Licence dated February 26, 2008:
On October 22, 2007, a liquor inspector visited the licensed premises and found that the licensee was not maintaining a daily record of the wine manufactured under his wine pub endorsement which was sold in the establishment.
Based on the facts in paragraph 1, the licence holder admits to having breached section 58(7) of Ontario Revised Regulation 719/90 under the Liquor Licence Act.
Since that time, the Licensee has verified the correct record-keeping requirements with the local liquor inspector and has agreed to ensure that all records will be up to date in the future.
2
JOINT SUBMISSION ON DISPOSITION
Whereas this Licensee previously served a three (3) day suspension in January 2008 for breaching s. 29 of O. Reg. 719/90 (failing to clear the signs of service and consumption);
The Licensee, who has been advised by his agent, and Registrar’s counsel jointly submit that the following disposition is appropriate in the circumstances:
- A seven (7) day suspension of liquor licence 200375, which shall be served on dates to be provided to the Manager of the Hearings Section of the Alcohol and Gaming Commission of Ontario, 90 Sheppard Ave. E., 3rd Floor, Toronto, Ontario, M2N 0A4 within seven days of today’s date, failing which the Board shall set the dates of the suspension without further notice to the Licensee. The suspension cannot commence for at least twenty (20) following notification and the entirety of the suspension must be completed within ninety (90) days of today’s date.
Respectfully submitted this 30th day of May, 2008.
1672071 ONTARIO INC.
Jayasigam Kandasamy Joyce A. Taylor
“I have authority to bind the Corporation” Counsel for the Registrar
B.M. Haines
Agent for the Licensee