ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
BETWEEN:
Registrar, Alcohol and Gaming Commission of Ontario Registrar
-and-
2168561 Ontario Inc. operating as Music Box 8 Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO Bruce S. Miller, Board Member
Decision Date: November 4, 2010
Hearing Location: Toronto, 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 ) Richard Kulis, Representative 2168561 Ontario Ltd., Licensee ) Jerry Levitan, Representative
Allegations
1A hearing into Amended Notice of Proposal (“NOP”) number 18371 dated October 28, 2010 to revoke a liquor licence and an Order dated October 25, 2010 to immediately suspend on an interim basis liquor licence number 203446 (the “Licence”), issued to 2168561 Ontario Inc. (the “Licensee”), operating as MUSIC BOX 8, 3477 Kennedy Road, Scarborough, Ontario, M1V 3Z7, on the basis of alleged violations of section 6 and subsections 45(1) and 45(2) of the Liquor Licence Act (the “LLA”) and sections 29 and 45.2, and subsections 17(2), 20(1), 25(1) and 45(1) of Ontario Regulation 719/90 (the “O.Reg”), made pursuant to the LLA, was commenced on November 3, 2010 in the City of Toronto.
Order
2The Registrar ordered on October 25, 2010 that an Interim Suspension be placed on the licence in the interest of public safety, subject to an Order of the Board of the Alcohol and Gaming Commission.
3The hearing commenced on November 3, 2010 with evidence from two witnesses, and is to continue on November 5, 2010.
4Mr. Levitan has requested that the interim order of suspension be lifted. Mr. Li, the principal of the Licensee gave evidence with respect to this issue.
5The Board, having considered the evidence offered to date and the submissions of the parties, confirms its ORAL Order that it is in the public interest that the Interim Suspension currently in place on liquor licence number 203446, issued to 2168561 Ontario Inc., operating as MUSIC BOX 8, 3477 Kennedy Road, Scarborough, Ontario, M1V 3Z7, remains in effect, until the next hearing date, at which time its continuation will be re-considered upon request by the parties.
DATED AT TORONTO THIS 4th DAY OF November, 2010
PATRICIA MCQUAID, VICE-CHAIR, AGCO BRUCE S. MILLER, BOARD MEMBER