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-
Nancy’s Bar & Grill Inc. operating as Nancy’s Bar & Grill Licensee
DECISION ON FINDINGS AND SANCTION
Panel: David C. Gavsie, Chair, AGCO Bruce S. Miller, Board Member
Decision Date: July 9, 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: Joyce Taylor and Bryna Kaplan, Representatives Nancy’s Bar & Grill Inc., Licensee: Randall Barrs, Representative
1A hearing into Notice of Proposal (“NOP No. 1”) number 17776 dated December 23, 2009 to suspend liquor licence number 280976 (the “licence”), issued to Nancy’s Bar & Grill Inc. (the “Licensee”), operating as NANCY’S BAR & GRILL, 1215 Weston Road, Toronto, Ontario, M6M 4P7, (the “establishment” or the premises”), on the basis of an alleged violation of subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act (the “LLA”), was held on March 29 and July 6, 2010 in the City of Toronto.
2At the commencement of the hearing on July 6, 2010, the parties advised the Board that they consented to joining a second notice of proposal, being number 18026 dated April 21, 2010 (“NOP No. 2”) issued to the Licensee on the basis of alleged violations of subsection 45(1) and sections 52 and 53 of the O.Reg.
3During the hearing on July 6, 2010, Ms Kaplan advised the Board that the Registrar was withdrawing:
- the sole allegation in NOP No. 1; and
- the allegation in NOP No. 2 that the Licensee breached subsection 45(1) of the O.Reg.
4Ms Kaplan further stated that if the Licensee was prepared to admit that breaches of both sections 52 and 53 of the O.Reg had occurred as alleged in NOP No. 2, then the Registrar was prepared to only ask for a sanction in the form of a warning to the Licensee and not a suspension of the licence.
5Mr. Barrs stated he had instructions from his client to admit to the breaches of sections 52 and 53 of the O.Reg and that his client was prepared to accept a warning as the sanction.
6Based on the foregoing, the Board ACCEPTS the following:
(a) the withdrawal of NOP No. 1 by the Registrar; (b) the withdrawal of the allegation in NOP No. 2 of a breach of subsection 45(1) of the O.Reg by the Registrar; and (c) The Board FINDS that the Licensee breached sections 52 and 53 of the O.Reg as alleged by the Registrar in NOP No. 2.
7The Board ORDERS that a warning be issued to the Licensee regarding the afore-mentioned breaches.
DATED AT TORONTO THIS 9th DAY OF July, 2010
DAVID C. GAVSIE, CHAIR, AGCO BRUCE S. MILLER, BOARD MEMBER