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-
Viet Truong O/A Gia-Han Quan Karaoke Bar
Licensee
DECISION on findings
Panel: Patricia McQuaid, Vice-Chair S. Grace Kerr, Board Member
Decision Date: April 17, 2009
Hearing Location: Hamilton, 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
Viet Truong, Licensee ) Anthony Tran, Representative
Allegations
1A hearing into a Notice of Proposal number 16540 dated July 31, 2008 to suspend liquor licence number 805193 issued to Viet Truong (the “Licensee”) operating as GIA-HAN QUAN KARAOKE BAR, 430 York Boulevard, Unit 6, Hamilton, Ontario, L8R 3K8, (the “premises” or the “establishment”), on the basis of alleged violations of subsections 45(1) and 45(2) of the Liquor Licence Act (“LLA”) and section 29 of Ontario Regulation 719/90 (“O.Reg”), made pursuant to the LLA, was held on February 9, 2009 in the City of Hamilton.
Decision
2After carefully considering the evidence and submissions, the Board FINDS the Licensee violated section 29 of O.Reg. The Board DISMISSES the allegation of a violation of subsections 45(1) and (2) of the LLA. Reasons follow.
Preliminary Matters
3An order to exclude witnesses was made on consent.
Registrar’s Evidence
4Brad Foster is an Alcohol and Gaming Commission of Ontario (“AGCO”) inspector and attended the licensed premises on March 15, 2008, with Inspector Joseph Passmore at approximately 2:55 a.m. As they approached the entrance to the premises, he observed, through the front windows, several patrons seated at tables. Lights were on inside the premises and the window blinds were open. On one table, he saw several clear glasses and a teapot. He also observed the owner, Viet Truong, who in turn observed the arrival of the inspectors. Mr. Truong approached the front door; Mr. Foster noted that Mr. Truong was speaking loudly, in a foreign language, to the patrons. His concern at this point was that Mr. Truong’s quick actions and words to patrons might be a means to obstruct the inspection. Patrons might pour out the contents of the glasses, which had been an issue on a prior inspection.
5The inspectors entered the bar within seconds of their approach. He approached one of the tables to inspect the glasses to determine if they contained beer. On the table, two clear glasses contained a gold amber fluid. The first was half full, cold to the touch with fresh foam on top. The second was two-thirds full, cold