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-
1744271 Ontario Inc., operating or intending to operate as Palace Karaoke
Licensee
DECISION
Panel: Jacqueline Castel, Board Member Eleanor Meslin, Board Member
Decision Date: December 19, 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 Toll Free In Ontario: 1-800-522-2876 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Phillip Morris, Representative 1744271 Ontario Inc., Licensee ) Karen Zvulony, Representative
Allegations
1A hearing into Notice of Proposal number 16414, dated July 15, 2008, to refuse to issue a liquor licence to 1744271 Ontario Inc. (the “Applicant”), operating or intending to operate as PALACE KARAOKE, 1001 Sandhurst Circle, Unit 1, Scarborough, Ontario, M1V 1Z6, (the “establishment” or the “premises”), establishment number 16414, on the basis that the Applicant is disentitled to a licence under clauses 6(2)(d), 6(2)(f) and 6(2)(g.1) of the Liquor Licence Act (the “LLA” or the “Act”) and on the basis of alleged violations, during the period when the Applicant operated the establishment under an authorization to contract out the sale of liquor service, of section 29 and subsections 15(1), 45(1), 45(2) of the LLA and section 29, subsections 25(1), 33(1) and 45(1) and clauses 31(1)(c) and 54(1)(b) of Ontario Regulation 719/90 (the “O.Reg”), prescribed under the LLA, was held on September 16, November 12 and November 18, 2008, in the City of Toronto.
Decision
2The Board FINDS that, during the period when the Applicant operated under an authorization to contract out, it contravened section 29 and subsections 15(1), 45(1) and 45(2) of the LLA and section 29, subsections 25(1), 33(1) and 45(1) and clauses 31(1)(c) and 45(1)(b) of the O.Reg, and on this basis, the Board makes a FINDING under clause 6(2)(d) of the LLA, thereby UPHOLDING the Registrar’s Notice of Proposal to refuse to issue a liquor licence to the Applicant. The Board declined to make findings under clauses 6(2)(f) and 6(2)(g.1) of the LLA. Reasons follow.
Preliminary Matters
3Mr. Erik Wen was sworn in as