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
ARENA ENTERTAINMENT INC. OPERATING AS CIRCA
126 JOHN STREET, TORONTO
LICENCE NUMBER 807407
O R D E R
WHEREAS a hearing into a Notice of Proposal number 16637 dated September 17, 2008 to suspend liquor licence number 807407, issued to Arena Entertainment Inc., (the “Licensee”), operating as CIRCA, 126 John Street, Toronto, Ontario, M5V 2E3, on the basis of an alleged violation of subsection 30(4) of the Liquor Licence Act (the “LLA”) and subsection 45(1) of Ontario Regulation 719/90 made pursuant to the LLA was held on May 8, July 23 and December 17, 2009 in the City of Toronto;
AND WHEREAS the Registrar was to provide written submissions as to findings by 5:00 p.m. on January 14, 2010 and the Licensee by 5:00 p.m. on January 28, 2010, with the Registrar to provide any reply submissions as to findings by 5:00 p.m. on February 4, 2010;
AND WHEREAS the Registrar has provided its written submissions as to findings, but the Licensee has not provided its submissions as to findings despite having requested an extension to 5:00 p.m. on February 5, 2010 and having been granted an extension to 5:00 p.m. on February 12, 2010 to do so;
AND WHEREAS the Hearings Department is in receipt of a copy of the Superior Court Order dated March 24, 2010 appointing Risman and Zysman Inc. receiver and manager of Arena Entertainment Inc. and is staying all proceedings against the Licensee;
AND WHEREAS the Hearings Department is in receipt of a letter dated April 19, 2010 from Phillip Morris, Registrar’s Representative, advising that the Licensee is no longer operating and requesting that matters against the Licensee, including those in relation to NOP number 16637, be adjourned sine die;
THEREFORE, given these circumstances, the Board ADJOURNS the proceedings against the Licensee in respect of NOP number 16637 sine die, pending the outcome of the Licensee's bankruptcy proceedings.
DATED AT TORONTO THIS 29th DAY OF APRIL, 2010.
S. GRACE KERR, BOARD MEMBER
ELEANOR MESLIN, BOARD MEMBER