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
RESTAURANT INNOVATIONS INC., OPERATING AS MOOSE WINOOSKI’S,
20 HELDMANN ROAD, KITCHENER
LICENCE NUMBER 24499
O R D E R
WHEREAS a hearing into Notice of Proposal number 16156 dated April 2, 2008, to suspend liquor licence number 24499 of Restaurant Innovations Inc. (the “Licensee”), operating as MOOSE WINOOSKI’S, 20 Heldmann Road, Kitchener, Ontario, N2P 0A6, on the basis of alleged violations subsection 20(1) and 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act (the “LLA”), was held on August 19 and 20 and November 17, 2009 in the City of Kitchener;
AND WHEREAS at the beginning of the third day of the hearing, the Licensee’s representative, Mr. Michael Lerner, raised an issue of the jurisdiction of the Board of the Alcohol and Gaming Commission of Ontario (“AGCO”) to hear further evidence in this matter, which subsequently became a Motion (the “Motion);
AND WHEREAS the Board’s Order dated November 18, 2009 adjourned sine die the hearing previously scheduled on November 17, 2009 and also scheduled for resumption on November 26 and 27, 2009, until the Board orders the hearing to recommence and new dates are canvassed;
AND WHEREAS four months have lapsed since the date of the Board’s November 18, 2010 Order;
AND WHEREAS new dates of the parties’ availability have been canvassed and it has been determined that both parties are available on May 11, 12 and 13, 2010;
THEREFORE the Board hereby ORDERS that the Licensee’s Motion on the Board’s jurisdiction proceed on May 11, 2010, and if necessary continue on May 12 and 13, 2010; or in the alternative, if the Licensee elects to not proceed with the Motion, the hearing shall resume on May 11, 2010, and if necessary continue on May 12 and 13, 2010.
DATED AT TORONTO THIS 22^nd^ DAY OF March , 2010
DAVID C. GAVSIE, CHAIR, AGCO KIRSTI HUNT, VICE-CHAIR, AGCO