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-
The 21st Sun Enterprises Inc. O/A Second Beer Bar and Restaurant
Licensee
DECISION
Panel: S. Grace Kerr, Board Member Eleanor Meslin, Board Member
Decision Date: April 9, 2009
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
21st Sun Enterprises Inc. (The), Licensee ) Yanbin Chen, On his own behalf and ) On behalf of the Corporation
A hearing into Notice of Proposal number 16866 dated November 26, 2008 to suspend liquor license number 200988 issued to The 21st Sun Enterprises Inc., operating as SECOND BEER BAR AND RESTAURANT, 2346 Dufferin Street, Toronto, Ontario, M6E 3S4, on the basis of alleged violations of sections 18 and 29 and subsections 31(1)(c), 33(1) and 54(1)(a) of Ontario Revised Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act was held on March 28, 2009 in the City of Toronto.
Yanbin Chen is an officer of the Licensee. He appeared on his own behalf and on behalf of the Corporation and waived the right to legal representation.
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 July 25, 2008 at 2:50 a.m., patrons were consuming liquor, some of which was cold to the touch. There were 5 28-pack cases of beer purchased off licence. Liquor purchase receipts were not available. Great Lakes beer was connected to a Moosehead tap.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached sections 18 and 29 and subsections 31(1)(c) and 54(1)(a) of the O. Reg. The Board accepted the withdrawal of the remaining allegation.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor license number 200988 issued to The 21st Sun Enterprises Inc., operating as SECOND BEER BAR AND RESTAURANT, 2346 Dufferin Street, Toronto, Ontario, M6E 3S4, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on June 15, 2009, and CONTINUE until 2:00 a.m. on June 25, 2009.
DATED AT TORONTO THIS 9th DAY OF April , 2009.
S. GRACE KERR, BOARD MEMBER ELEANOR MESLIN, BOARD MEMBER
Attachment
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 21ST SUN ENTERPRISES INC. OPERATING AS SECOND BEER BAR AND RESTAURANT, 2346 DUFFERIN STREET, TORONTO
LICENCE NO. 200988
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED
NOVEMBER 26, 2008
AGREED STATEMENT OF FACTS
The licensee, having been advised of the right to counsel and having waived that right, and the Registrar agree to the following facts:
On July 25, 2008 at 2:50 a.m., patrons were consuming liquor, some of which was cold to the touch. There were 5 28-pack cases of beer purchased off licence. Liquor purchase receipts were not available. Great Lakes beer was connected to a Moosehead tap.
Based on paragraph 1, the licensee breached s. 29, 311c, 541a, and 18 of Ont. Reg. 719/90.
The licensee has shown remorse and cooperated with the Commission.
The licensee has no record of discipline imposed by the Commission in relation to any earlier incident.
…/2
JOINT SUBMISSIONS ON DISPOSITION
The licensee, having been advised of the right to counsel and having waived that right, and the Registrar jointly submit that the following disposition is appropriate in these circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 200988 for a period of 10 days commencing at 11:00 a.m. on June 15, 2009 and ending at 2:00 a.m. on June 25, 2009.
The Board having accepted the Agreed Statement of Facets and the Joint Submissions on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 27TH DAY OF MARCH, 2009.
RESPECTFULLY SUBMITTED,
Yenbin Chan Phillip Morris
for Registrar’s Counsel
licensee