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 made pursuant to the Liquor Licence Act, 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 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 WHEREAS a telephone conference call was held on April 29, 2010 with the representatives for the Licensee and the Registrar (the “parties”), and the Board was advised of the status of the appeals by the Licensee with the Information and Privacy Commissioner of Ontario;
AND WHEREAS the Licensee’s Motion on the Board’s jurisdiction having been scheduled to proceed on May 11, 2010, is adjourned, but the parties will have a further telephone conference call at 9:30 a.m. on that day;
THEREFORE the Board hereby ORDERS:
The parties shall each or jointly advise the Information and Privacy Commissioner of Ontario that the requests under the Freedom of Information and Privacy Act and appeals flowing therefrom filed by the Licensee have led to an adjournment in this proceeding;
The parties shall each or jointly request that the Information and Privacy Commissioner of Ontario advise as to the estimated timeline for the appeals referred to above and then report any information received in response to the Hearing Department of the Alcohol and Gaming Commission of Ontario to provide information relevant to the scheduling of this proceeding;
The Licensee shall advise the Hearings Department and Registrar’s Representative immediately of any developments in the appeals mentioned above that would provide information relevant to the scheduling of this proceeding.
DATED AT TORONTO THIS 3rd DAY OF May , 2010
DAVID C. GAVSIE, CHAIR, AGCO KIRSTI HUNT, VICE-CHAIR, AGCO