ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission of Ontario Registrar
-and-
1590677 Ontario Inc. o/a Island Jerk Restaurant Licensee
ORDER
Panel: Patricia McQuaid, Vice-Chair, AGCO S. Grace Kerr, Board Member
Decision Date: October 20, 2010
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON 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 1590677 Ontario Inc., Licensee: Cheryl Nedrick, On behalf of the Corporate Licensee
Allegations
1A hearing into an Amended Notice of Proposal number 18337 dated October 8, 2010, to revoke a liquor licence, and an Order dated September 25, 2010, to immediately suspend a liquor licence on an interim basis to liquor licence number 806671 (the "Licence"), issued to 1590677 Ontario Inc. (the "Licensee"), operating as ISLAND JERK RESTAURANT, 1800 Bank Street, Unit 18, Ottawa, Ontario, K1V 0W3, 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 66, 45.1 and 45.2 and subsections 45(1), 60(2) and 63.1(1) of Ontario Regulation 719/90, made pursuant to the LLA, was commenced by teleconference on October 20, 2010, in the City of Toronto.
2On September 25, 2010, the Registrar ordered the interim suspension of the Licensee's licence in the interest of public safety and subject to an Order by the Board of the Alcohol and Gaming Commission of Ontario (the "Interim Suspension"). The hearings office received from Ms Nedrick the request for a hearing in respect of the Interim Suspension Order on or about October 6, 2010.
3Cheryl Nedrick is the manager of the corporate Licensee, and is authorized to appear on behalf of the Licensee at this hearing. She has retained the legal services of and wishes representation by Mr. Gary Barnes in this matter, and has requested an adjournment of the hearing to accommodate Mr. Barnes' availability.
Finding and Order
4The Board grants the adjournment request of Ms Nedrick though urges upon the parties that this hearing be re-convened as soon as possible. However, based on the seriousness of the allegations before the Board and the possible impact of those allegations on the public safety, the Board FINDS that it is in the public's interest that the Interim Suspension currently in place on licence number 806671 issued to 1590677 Ontario Inc. operating as ISLAND JERK RESTAURANT, 1800 Bank Street, Ottawa, Ontario, K1V 0W3, remains 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 20th DAY OF October, 2010.
PATRICIA MCQUAID, VICE-CHAIR, AGCO S. GRACE KERR, BOARD MEMBER