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-
1746988 Ontario Inc. operating as Remedy Nightclub Licensee
ORDER
Panel: David C. Gavsie, Chair, AGCO Brian J. Ford, Board Member
Decision Date: November 25, 2008
Hearing Location: Hamilton and Burlington, 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 ) Joyce Taylor, Representative 1746988 Ontario Inc., Licensee ) R.J. Plouffe, Representative
Allegations
- A hearing into Notice of Proposal number 16796 dated October 31, 2008 to revoke, and an Order dated October 31, 2008 to immediately suspend on an interim basis, liquor license number 802539 issued to 1746988 Ontario Inc., operating as REMEDY NIGHTCLUB, 35 King Street East, Hamilton, Ontario, L8R 3L5, on the basis of alleged violations of section 6 and subsection 30(4) of the Liquor Licence Act (“LLA”) and section 43 and subsection 45(1) of Ontario Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on November 14, 19, 20, 2008, in the City of Hamilton and on November 25, 2008 in the City of Burlington.
Order
The Registrar had ordered on October 31, 2008, that an Interim Suspension be placed on the licence in the interest of public safety, subject to an Order by the Board of the Alcohol and Gaming Commission of Ontario.
Ms Taylor made submissions that the Interim Suspension be kept in place until the Board made its final decision. Mr. Plouffe, in reply, asked that the suspension be lifted as the Licensee has been under suspension since October 31, 2008.
The Board, given the evidence heard to date and having considered the submissions of the parties, ORDERS that it is in the public interest that the Interim Suspension currently in place on liquor license number 802539 issued to 1746988 Ontario Inc., operating as REMEDY NIGHTCLUB, 35 King Street East, Hamilton, Ontario, L8R 3L5, remain in effect, until the earlier of the time when the Board renders its final decision on the matters before it or the Board orders otherwise.
DATED AT TORONTO THIS 25th DAY OF November, 2008.
DAVID C. GAVSIE, CHAIR, AGCO BRIAN J. FORD, BOARD MEMBER