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
THOROLD WINERY LTD OPERATING AS R. DIFRUSCIA WINERY,
75 ORMOND STREET SOUTH, THOROLD
LICENCE NUMBER 17644
O R D E R
WHEREAS a hearing into Notice of Proposal number 16855 dated November 20, 2008 to suspend the Authorization to Operate an On-site Grape Winery Retail Store (the “Authorization”), issued to Thorold Winery Ltd (the “Licensee”), operating as R. DIFRUSCIA WINERY, 75 Ormond Street South, Thorold, Ontario, L2V 4V7, manufacturer’s licence number 17644, on the basis of alleged violations of condition 10 of the Authorization and subsections 3(1)(a) and 3(1)(c) of Regulation 659/00 (“O.Reg 659”) under the Wine Content and Labelling Act, 2000 (the “WCLA”), was held on March 5 and May 8, 2009 in the City of Niagara Falls;
AND WHEREAS in its Decision dated September 28, 2009 the Board found that the Licensee breached condition 10 of the Authorization and subsections 3(1)(a) and 3(1)(c) of O.Reg 659 under the WCLA;
AND WHEREAS in its Decision dated December 2, 2009 the Board ordered a TEN (10) day suspension of the liquor licence and requested that the Licensee propose suspension dates;
AND WHEREAS the Licensee has advised the Board that it is open during normal business hours on December 25 and 26, 2009 and January 1, 2010;
AND WHEREAS the Licensee has proposed suspension dates which were opposed by the Registrar but which are acceptable to the Board in that the Licensee is open for business as aforesaid;
THEREFORE the Board hereby ORDERS that the Authorization to Operate an On-site Grape Winery Retail Store issued to Thorold Winery Ltd, operating as R. DIFRUSCIA WINERY, 75 Ormond Street South, Thorold, Ontario, L2V 4V7, manufacturer’s licence number 17644, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on December 25, 2009 and continue until 2:00 a.m. on January 4, 2010.
DATED AT TORONTO THIS 17^th^ DAY OF December , 2009.
DAVID C. GAVSIE, CHAIR, AGCO BRIAN J. FORD, BOARD MEMBER