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-
1716342 Ontario Inc. operating as Colonel Mustard’s Pub and Deli Licensee
ORDER
Panel: Brian J. Ford, Board Member Allan Higdon, Board Member
Decision Date: March 30, 2011 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
Allegations
1A hearing into Notice of Proposal number 18075 dated May 18, 2010 to revoke liquor licence number 805872 (the “licence”) issued to 1716342 Ontario Inc. (the “Licensee”) operating as COLONEL MUSTARD’S PUB AND DELI, 3030 Don Mills Road, Toronto, Ontario, M2J 3C1, on the basis of alleged violations of section 6(2)(d) and subsection 45(1) of the Liquor Licence Act (the “LLA”) was held on March 29, 2011 in the City of Toronto.
Preliminary Matters
2The principal of the corporate licensee, Mr. Wen Hao Chen, did not attend the hearing, although served with notices of hearing on or about December 10, 2010 and March 1, 2011. Further, the Board heard evidence from Ms Teresa Standish, support staff within the Hearings Department that she did, on the morning of March 29, 2011, speak to an assistant in Mr. Kisaka’s office, Mr Chen’s solicitor of record, who advised that Mr. Kisaka was no longer representing the Licensee and would not be attending the hearing. In addition, Ms Standish testified that she made two attempts on the morning of March 29, 2011 to speak to Mr. Chen, at the telephone number provided on the Request for Hearing form, to determine if he would be attending the hearing. On the first phone call, Ms Standish identified herself to the male identified as Mr. Chen. When she inquired whether he would be attending this morning’s hearing regarding Colonel Mustard’s Pub and Deli, he responded that he did not understand and he then hung up. On the second attempt, there was no answer to the call.
3In the circumstances, Mr. Kulis requested that the matter proceed ex parte, which request was granted.
Order
4The Board after hearing evidence of the Registrar’s witnesses and Mr. Kulis’ submissions finds that the Licensee breached section 6(2)(d) and subsection 45(1) of the LLA.
5Therefore, the Board confirms its oral ORDER that liquor licence number 805872 issued to 1716342 Ontario Inc. operating as COLONEL MUSTARD’S PUB AND DELI, 3030 Don Mills Road, Toronto, Ontario, M2J 3C1, be IMMEDIATELY REVOKED. Reasons to follow.
DATED AT TORONTO THIS 30th DAY OF March , 2011
BRIAN J. FORD, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER