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
1565611 ONTARIO INC. OPERATING AS ROXXY TAP & GRILL,
750 JAMES STREET, WALLACEBURG
LICENCE NUMBER 202592
AMENDING ORDER
WHEREAS a hearing into a Notice of Proposal number 16475 dated July 21, 2008 to suspend liquor licence number 202592 (the “Licence”), issued to 1565611 Ontario Inc., (the “Licensee”), operating as ROXXY TAP & GRILL, 750 James Street, Wallaceburg, Ontario, N8A 2P5, on the basis of alleged violations of section 29 of the Liquor Licence Act (“LLA”) and of subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on December 16, 2008, in the City of Sarnia;
AND WHEREAS the Board in its Decision dated February 5, 2009 made findings under section 29 of the LLA and subsection 45(1) of the O.Reg, and, by an Order dated March 26, 2009, imposed an eight (8) day suspension on the liquor licence to be served commencing May 28, 2009;
AND WHEREAS the Licensee appealed the Board Decision of February 5, 2009, thereby staying the order of March 26, 2009;
AND WHEREAS the Licensee abandoned its appeal on November 13, 2009;
AND WHEREAS the Licensee has proposed alternate suspension dates which are acceptable to the Board;
AND WHEREAS Board Member Guy Maurice’s term of appointment ended on September 5, 2009 and was therefore unable to participate in making this order. The remaining Panel Member, Board Member Kerr, has rendered the order in this matter pursuant to subsection 4.4(1) of the Statutory Powers Procedures Act;
THEREFORE the Board hereby ORDERS that the liquor licence issued to 1565611 Ontario Inc., operating as ROXXY TAP & GRILL, 750 James Street, Wallaceburg, Ontario, N8A 2P5, licence number 202592, be SUSPENDED for EIGHT (8) consecutive days to COMMENCE at 11:00 a.m. on January 14, 2010, and continue until 2:00 a.m. on January 22, 2010.
DATED AT TORONTO THIS 30^th^ DAY OF November, 2009.
S.GRACE KERR, BOARD MEMBER