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-
1749696 Ontario Inc. operating as Main’s Mansion Restaurant & Bar Licensee
ORDER
Panel: Allan Higdon, Board Member Eleanor Meslin, Board Member
Decision Date: January 21, 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 1749696 Ontario Inc., Licensee ) Jerry Levitan, Representative
Allegations
A hearing into Notice of Proposal (“NOP”) number 17246 dated May 13, 2009 to suspend liquor licence number 800399, issued to 1749696 Ontario Inc. (the “Licensee”), operating as MAIN’S MANSION RESTAURANT & BAR, 144 Main Street, Unit # 18, Markham, Ontario, L3P 5T3, on the basis of alleged violations of subsection 30(4) of the Liquor Licence Act (the “LLA”) and section 45.1 and subsections 34(1) and 45(1) of Ontario Regulation 719/90 (the “O.Reg.”), prescribed under the LLA, was held on November 2, 2009, in the City of Toronto.
In its Decision dated January 6, 2010, the Board found that the Licensee breached section 45.1 and subsection 45(1) of the O.Reg and subsection 30(4) of the LLA. The Board declined to find that the Licensee committed a breach of subsection 34(1) of the O.Reg.
Richard Kulis, in an email dated January 6, 2010, noted that there was a typographical error in paragraph 168 of the decision.
Pursuant to Rule 2.6 of its Revised Rules of Practice, a panel may, at any time and without prior notice to the parties, correct a typographical error, transcription error, error of calculation, calendar error, or other technical error made in its decision or order.
Therefore the Board ORDERS that paragraph 168 be amended to read as follows:
Based on the evidence above, the Board FINDS, on the balance of probabilities, that the licence holder failed to ensure that reasonable measures were in place to deter disorderly conduct on the property and property in the vicinity of the premises and therefore breached section 45.1 of the O.Reg.
DATED AT TORONTO THIS 21st DAY OF January , 2010
ALLAN HIGDON, BOARD MEMBER ELEANOR MESLIN, BOARD MEMBER