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 of Ontario Registrar
-and-
Thanh La and Binh Longtin operating or intending to operate as Binh Thanh Restaurant Licensee
DECISION
Panel: S. Grace Kerr, Board Member Bruce S. Miller, Board Member
Decision Date: March 8, 2010 Hearing Location: Woodstock, 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 ) Joyce Taylor, Representative Thanh La and Binh Longtin, Applicant ) David Wilson, Representative
Application
- The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal (“NOP”) number 17189 dated April 21, 2009, to refuse an application made by Thanh La and Binh Longtin (the “Applicant”), operating or intending to operate as BINH THANH RESTAURANT, 930 Dundas Street, Unit 1A, Woodstock, Ontario, N4S 8X6, for a liquor sales licence for the indoor area of the premises with a capacity of 40 persons, pursuant to sections 6(2)(d) and 6(2)(f) of the Liquor Licence Act (the “LLA”). A hearing of the application was held on February 11, 2010 in the City of Woodstock.
Decision
- After considering all the evidence, the Board CONFIRMS its oral order approving the application on the conditions set out below.
Conclusion
There were no written letters of objection received by the AGCO nor did any resident objectors appear at the hearing.
This matter was resolved when the Registrar withdrew the NOP objections when the Applicant agreed to the inclusion of the conditions as set out in Exhibit #1, which forms part of this decision.
Order
For the above reasons, the Board CONFIRMS its oral order approving the application for a liquor sales licence made by Thanh La and Binh Longtin (the “Applicant”), operating or intending to operate as BINH THANH RESTAURANT, 930 Dundas Street, Unit 1A, Woodstock, Ontario, N4S 8X6, for the indoor area of the premises, subject to all statutory conditions and municipal regulations.
Further, the Board ORDERS that the following conditions be attached to the licence on consent of the Applicant:
- Thanh La may only be employed to work in the kitchen of the establishment. Mr. La shall not serve any patrons of the establishment in any capacity.
- Thanh La shall not have any involvement in the sale or service of liquor in the establishment.
- Thanh La shall not have any involvement in the management of the licensed business and shall have no ownership interest in any part of the licensed business.
- Thanh La shall never be the sole employee working in the establishment.
- The licensed business shall be restricted to operating solely as a restaurant. Liquor will only be served to patrons as part of a meal service.
- The establishment shall never operate as a bar or a night club.
- Thanh La shall inform the Registrar of any further charges, criminal or provincial, within five (5) days of being served with those charges.
DATED AT TORONTO THIS 8th DAY OF March , 2010.
S. GRACE KERR, BOARD MEMBER BRUCE S. MILLER, BOARD MEMBER
IN THE MATTER OF THE LIQUOR LICENCE ACT R.S.O. 1990, c. L.19s. 15(1) AND 21(1)
AND IN THE MATTER OF AN APPLICATION FOR A LIQUOR SALES LICENCE BY THANH LA AND BINH LONGTIN OPERATING OR INTENDING TO OPERATE AS BINH THANH RESTAURANT 930 DUNDAS STREET, WOODSTOCK ESTABLISHMENT NO. 813605
CONSENT TO CONDITIONS
In consideration of the Registrar’s consent to granting of a liquor licence to Binh Longtin as the sole proprietor of Binh Thanh Restaurant, both Binh Longtin and Thanh La who have both been advised by Counsel, consent to the following conditions being attached to the liquor licence:
- Thanh La may only be employed to work in the kitchen of the establishment. Mr. La shall not serve any patrons of the establishment in any capacity.
- Thanh La shall not have any involvement in the sale or service of liquor in the establishment.
- Thanh La shall not have any involvement in the management of the licensed business and shall have no ownership interest in any part of the licensed business.
- Thanh La shall never be the sole employee working in the establishment.
- The licensed business shall be restricted to operating solely as a restaurant. Liquor will only be served to patrons as part of a meal service.
- The establishment shall never operate as a bar or a night club.
- Thanh La shall inform the Registrar of any further charges, criminal or provincial, within five (5) days of being served with those charges.
Respectfully submitted this 11th day of February, 2010
David Wilson Counsel for the Licensee
Joyce A. Taylor Counsel for the Registrar
Binh Longtin Applicant/Sole Proprietor of Binh Thanh Restaurant
Thanh La Employee of Binh Longtin