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-
Hotel Boutique Lounge Inc. O/A Hotel Boutique Lounge Licensee
ORDER
Panel: Kirsti Hunt, Vice-Chair Alex McCauley, Board Member
Decision Date: August 7, 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 Fax (416) 326-5566 Toll Free in Ontario: 1-800-522-2876 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Richard Kulis, Representative Hotel Boutique Lounge Inc., Licensee ) Jerry Levitan, Representative
Allegations
A hearing into Notice of Proposal number 17312 dated June 18, 2009 to revoke and an Order dated June 18, 2009 to immediately suspend on an interim basis liquor licence number 807401 (the “Licence”) issued to Hotel Boutique Lounge Inc. (the “Licensee”), operating as HOTEL BOUTIQUE LOUNGE, 77 Peter Street, Toronto, Ontario, M5V 2G4, (the “establishment”), with respect to section 6 of the Liquor Licence Act (the “LLA”) having regard to the Licensee’s financial position, the Licensee cannot reasonably be expected to be financially responsible in the conduct of the Licensee’s business and on the basis of alleged violations of section 29 and subsections 25(1) and 45(2) of Ontario Regulation 719/90 made pursuant to the LLA, was held on June 30 and August 6, 2009 in the City of Toronto.
As a preliminary matter Mr. Kulis advised that Mr. Jerry Levitan has recently taken over the file as the representative of the Licensee. They have been in settlement discussions regarding this matter but have not had time to resolve the issues. Mr. Levitan is working on a resolution of the Retail Sales Tax that is outstanding, and the ownership and future of the establishment.
Mr. Kulis had no objection to Mr. Levitan’s request for an adjournment because, if Mr. Levitan is successful, there will be no need for a hearing.
Mr. Levitan requested for an adjournment of this matter. He indicated that his client is trying to sell the establishment. If that does not happen with 90 days, his client will accept an immediate revocation of the licence.
The licence holder also agrees to the Suspension Order of June 30, 2009, remaining in effect.
Mr. Kulis and Mr. Levitan agreed to advise the Hearings Department if further hearing dates are required.
The Board considered the submissions regarding the request for adjournment and hereby ADJOURNS the matter on consent of the parties.
Furthermore, the Board confirms its oral ORDER that the Suspension Order of June 30, 2009 remains in effect until this matter is resolved, or until the next hearing date if one is necessary.
DATED AT TORONTO THIS 7th DAY OF August , 2009
KIRSTI HUNT, VICE-CHAIR, AGCO ALEX MCCAULEY, BOARD MEMBER