ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
BETWEEN:
Registrar, Alcohol and Gaming Commission of Ontario Registrar
-and-
Zucca Bar Inc. O/A Zuccabar Licensee
ORDER
Panel: Patricia McQuaid, Vice-Chair Brian J. Ford, Board Member
Decision Date: December 22, 2009
Hearing Location: Hamilton, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto, Ontario 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 Zucca Bar Inc., Licensee ) Robert J. Plouffe, Representative
Allegations
1A hearing into Notice of Proposal number 17728 dated November 28, 2009 to revoke a liquor licence, and an Order dated November 28, 2009 to immediately suspend liquor licence number 809906 (the “Licence”) issued to Zucca Bar Inc. operating as ZUCCABAR, 299 James Street North, Hamilton, Ontario, L8R 2L4 (the “establishment” or “premises”) on the basis of alleged violations of section 6 of the Liquor Licence Act (“LLA”) and subsection 45(2) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on December 21, 2009 in the City of Hamilton.
Reasons and Order
2At the commencement of the hearing, Mr. Plouffe advised the Board that he had been given instructions by the Licensee, two of the principals of which were present at the hearing, namely, Armando Fazzari and Ronny Faria, to voluntarily surrender the liquor licence.
3Mr. Kulis advised that the Registrar would accept the surrender and upon receipt of written confirmation of the surrender would immediately cancel the licence.
4The Board, having considered the submissions of the parties, accepted the surrender of liquor licence number 809906 issued to Zucca Bar Inc. operating as ZUCCABAR, 299 James Street North, Hamilton, Ontario, L8R 2L4.
5Further, the Board ORDERS, given the public interest concerns articulated in the Order of Interim Suspension, that the Interim Suspension currently in place on liquor licence number 809906 issued to Zucca Bar Inc. operating as ZUCCABAR, 299 James Street North, Hamilton, Ontario, L8R 2L4, remain in effect, until receipt of the formal surrender of the Licence by the Registrar.
DATED AT TORONTO THIS 22nd DAY OF December, 2009.
PATRICIA MCQUAID, VICE-CHAIR BRIAN J. FORD, BOARD MEMBER