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-
1677378 Ontario Inc. O/A Reign Lounge Licensee
DECISION
Panel: David C. Gavsie, Chair Allan Higdon, Board Member
Decision Date: January 19, 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 1677378 Ontario Inc., Licensee ) Randall Barrs, Representative
Allegations
1A hearing into Notice of Proposal (“NOP”) number 17645, dated October 27, 2009, to suspend liquor licence number 800196 (the “Licence”), issued to 1677378 Ontario Inc. (the “Licensee”) operating as REIGN LOUNGE, 137 Peter Street, Toronto, Ontario, M5V 2H3, on the basis of alleged violations of subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg.”), prescribed under the Liquor Licence Act, was held on January 11, 2010 in the City of Toronto.
Decision and Reasons
2Mr. Kulis requested an adjournment advising the Board that the Registrar’s principal witness was not in attendance although he had been summoned to attend. Licensee’s counsel opposed the adjournment. Also, the witness did not have direct evidence of the alleged infraction.
3It is clear the Registrar’s witness had plenty of advance knowledge of the date and location of the hearing yet, for whatever reason, chose not to attend.
4The Licensee, the Licensee’s representative, and one witness for the Registrar were in attendance and prepared to proceed. Licensee’s counsel stated witnesses for the Registrar were not capable of giving direct evidence, leaving the Registrar with insufficient evidence.
5The onus is on the Registrar to establish the allegations against the Licensee, and in this case the Registrar was unable to do so.
6Therefore, the Board DISMISSES the allegation of a violation of subsection 45(1) of the O.Reg. as set out in NOP number 17645.
DATED AT TORONTO THIS 19th DAY OF January, 2010
DAVID C. GAVSIE, CHAIR, AGCO ALLAN HIGDON, BOARD MEMBER