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-
1763486 Ontario Ltd. O/A Quan Ngon
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO Allan Higdon, Board Member
Decision Date: December 2, 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 1763486 Ontario Ltd., Licensee ) Phuong Thi Ly, on her own behalf ) and on behalf of the Corporate ) Licensee
A hearing into Notice of Proposal number 17451 dated August 20, 2009 to suspend liquor license number 801311 issued to 1763486 Ontario Ltd., operating as QUAN NGON, 922 Dundas Street East, Unit 1-3, Mississauga, Ontario, L4Y 2B8, on the basis of alleged violations of subsections 45(1) and 45(2) of the Liquor Licence Act (the “LLA”) and section 29 and subsection 25(1) of Ontario Revised Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on November 9, 2009 in the City of Toronto.
Phuong Thi Ly is a shareholder, officer and director of the Licensee. She appeared on her own behalf and on behalf of the Corporation and waived the right to legal representation. Ms Ly was assisted by My Tu, an interpreter and friend.
Mr. Morris, Registrar’s Representative, and Ms Ly submitted an Agreed Statement of Facts and Joint Submission on Disposition (Exhibit # 1) which form part of this decision. It was agreed and admitted that:
On Mar. 22, 2009 at 3:51 am, there were signs of service on the tables where patrons were located. The Licensee admitted serving Sangria at 3:00 a.m.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 and subsection 25(1) of the O. Reg. The Board accepted the withdrawal of the remaining allegations.
Order
Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor license number 801311 issued to 1763486 Ontario Ltd., operating as QUAN NGON, 922 Dundas Street East, Unit 1-3, Mississauga, Ontario, L4Y 2B8, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on January 11, 2010 and CONTINUE until 2:00 a.m. on January 18, 2010.
Further, the Board confirms its warning to the licensee that it is her obligation to give immediate access to the premises to enforcement personnel (AGCO inspectors and police when conducting an inspection).
DATED AT TORONTO THIS 2nd DAY OF December , 2009.
PATRICIA MCQUAID, VICE-CHAIR ALLAN HIGDON, BOARD MEMBER
Attached
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 1763486 ONTARIO LTD. OPERATING AS QUAN NGON, 922 DUNDAS ST., E., UNIT 1-3 MISSISSAUGA LICENCE NUMBER 801311
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED AUG. 20, 2009
AGREED STATEMENT OF FACTS
The licensee, having being advised of the right to counsel and having waived that right, and the Registrar agree to the following facts:
On Mar. 22, 2009 at 3:51 am, there were signs of service on the tables where patrons were located. The licensee admitted serving Sangria at 3 am.
Based on paragraph 1, the licensee breached s. 25(1) and 29 of Ont. Reg. 719/90.
The Licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
JOINT SUBMISSION 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 the circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 801311 for a period of 7 days, commencing at 11:00 a.m. on January 11, 2010 and ending at 2:00 a.m. on January 18, 2010.
The Board warns the licensee that it is her obligation to give immediate access to the premises to enforcement personnel
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 9TH DAY OF NOVEMBER, 2009.
Phuong Thi Ly Phillip Morris
For Registrar’s Counsel
Licensee