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
1254667 ONTARIO INC., OPERATING AS MR. BOB’S GOURMET PIZZA,
655 THE QUEENSWAY, UNITS 1 – 4, PETERBOROUGH AND AS
K & T DELIVERIES (LDS), 671 CAMERON STREET, PETERBOROUGH
LICENCE NUMBERS 202449 and 52130
ORDER
WHEREAS the Registrar issued Notice of Proposal (“NOP”) number 15709 dated October 18, 2007 to revoke a licence, an Order dated October 18, 2007 to immediately suspend a liquor licence on an interim basis and Supplementary NOP number 15739 dated November 1, 2007 to revoke liquor licence number 202449 issued to 1254667 Ontario Inc., operating as MR. BOB’S GOURMET PIZZA, 665 The Queensway, Units 1 – 4, Peterborough, Ontario, K9J 7M1;
AND WHEREAS the Registrar issued NOP number 15716 dated October 19, 2007, an Order dated October 19, 2007 to immediately suspend a liquor licence on an interim basis and Supplementary NOP number 15740 dated November 1, 2007 to revoke liquor delivery licence number 52130 issued to 1254667 Ontario Inc., operating as K & T DELIVERIES (LDS), 671 Cameron Street, Peterborough, Ontario, K9J 3Z9;
AND WHEREAS a hearing of these matters commenced on December 6, 2007 before Board Members Allan Higdon and Guy Maurice and was adjourned by the panel on December 7, 2007 sine die pending the outcome of the criminal case against Mr. Tracy Robinson, the principal of Mr. Bob’s Gourmet Pizza and K & T Deliveries (LDS);
AND WHEREAS Board Member Guy Maurice’s term of appointment ended on September 5, 2009 and he is therefore unable to continue as a member of the panel. Pursuant to subsection 4.4(1) of the Statutory Powers Procedures Act, Allan Higdon, the remaining member of the panel shall continue the hearing;
AND WHEREAS on February 26, 2010, the Hearings Department received a request from the Licensee’s Representative, Jeffrey Ayotte, to schedule a date for the continuation of the hearing as the criminal charges against Mr. Robinson had been stayed. A hearing date was scheduled for April 27, 2010, in the City of Peterborough;
AND WHEREAS on April 23, 2010, the Registrar’s Representative, Phillip Morris, requested an adjournment of the hearing sine die, to permit Mr. Di Carlo, the Federal Crown, to, by way of a motion, seek directions from the Court regarding the unsealing of the application record in the criminal proceedings which record may be an issue at the Board’s hearing. Further, Mr. Morris requests that the interim suspension orders which have been in place continue until the final decision of the Board on these Notices of Proposal;
AND WHEREAS Mr. Ayotte does not oppose the request for the adjournment nor the continuation of the interim suspension;
THEREFORE having considered the submissions of the Registrar’s and the Licensee’s representatives, the Board ORDERS as follows:
The hearing of these matters is adjourned sine die pending the outcome of the Crown Attorney’s motion before the Court;
Mr. Morris and Mr. Ayotte are to advise the Board of the outcome of the motion as soon as practicable in order that the hearing can be re-scheduled without further delay;
Based on the seriousness of the allegations before the Board and the possible impact of those allegations on public safety, the Board FINDS that it is in the public’s interest that the Interim Suspension currently in place on liquor licence number 202449 issued to 1254667 Ontario Inc., operating as Mr. Bob’s Gourmet Pizza, 665 The Queensway, Units 1 – 4, Peterborough, Ontario, K9J 7M1 and liquor delivery licence number 52130 issued to 1254667 Ontario Inc., operating as K & T Deliveries (LDS), 671 Cameron Street, Peterborough, Ontario, K9J 3Z9, remain in effect until the earlier of the time when the Board renders its final decision on the matters before it or the Board orders otherwise.
DATED AT TORONTO THIS 29th DAY OF April , 2010.
ALLAN HIGDON, BOARD MEMBER