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-
2250664 Ontario Inc. operating as Jet Fox Bar & Grill Licensee
ORDER
Panel: S. Grace Kerr, Board Member Bruce Miller, Board Member
Date of Order: July 8, 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 ) Aviva Harari, Representative 2250664 Ontario Inc., Licensee ) Jerry Levitan, Representative
Allegations
1A hearing into Notice of Proposal (“NOP”) number 18419, dated November 17, 2010, to revoke liquor licence number 23184 (the “licence”) issued to 2250664 Ontario Inc. (the “Licensee”) operating as Jet Fox Bar & Grill (the “establishment” or the “premises”), 4141 Dixie Road, Rockwood Mall, Mississauga, Ontario, L4W 1W5, on the basis that the licence holder would be disentitled to a licence under section 6 of the Liquor Licence Act (the “LLA”) and that pursuant to subsection 15(1) of the LLA the Licence should accordingly be revoked, commenced on May 24, 2011 in the City of Toronto.
Background Matters and Adjournment Request
2Mr. Amrit Pal Singh is the sole officer, director and shareholder of the corporate Licensee. He appeared on behalf of the corporate Licensee.
3The Board ordered that witnesses be excluded on consent.
4Part way into the testimony in chief of the Registrar’s first witness, Peel Regional Police Constable Donovan Irving, it became evident that, through inadvertence, the Licensee had not received some disclosure from the Registrar.
5Both parties agreed that the undisclosed items were material to the matter before the Board and that the Licensee was entitled to some time to review the disclosure in order to properly prepare its defense.
6The parties agreed that an adjournment of the hearing until August 3, 2011 would address any potential prejudice suffered by the Licensee resulting from the lack of disclosure.
7The Licensee also noted that criminal charges related to the allegations giving rise to the matter before the Board (“the criminal charges”) were pending before the criminal courts. The Licensee asked that any adjournment granted be without prejudice to its right to seek a further adjournment on the return date, depending on the status of the criminal charges at that time.
8Furthermore, the parties asked the Board to address the interim suspension order dated November 22, 2010 (“the interim suspension order”) in this matter. Specifically, the parties agreed that there should be an order lifting it, retroactive to November 22, 2010. The following evidence supports the lifting of that order.
9By facsimile transmission on November 22, 2010 Mr. Richard Kulis, on behalf of the Registrar, sent a letter to Mr. William Gilmour (of Gilmour Barristers, the Licensee’s counsel at that time) offering to remove the interim suspension order. Mr. Kulis’s letter was marked as Exhibit 1 (“the Offer”).
10What’s more, by return facsimile transmission on November 22, 2010, Mr. William Gilmour accepted Mr. Kulis’s offer. Mr. Gilmour’s letter was marked as Exhibit 2 (“the acceptance”).
11Exhibits 1 and 2 are attached to this Order.
12As a result of this exchange of correspondence, the parties agreed that the Interim Suspension order should be lifted, retroactive to November 22, 2010. The Board agrees that on this basis the interim suspension order should be lifted.
13Finally, at the hearing the parties jointly proposed to the Board that the following additional conditions be added to the Licence:
a. Any staff working at or employed by the establishment shall be at least nineteen (19) years of age;
b. Proper identification shall be checked of all patrons who are or appear to be under the age of twenty-five (25) prior to being served alcoholic beverages; and,
c. The Licensee will co-operate with police and with AGCO staff and inspectors.
Order
14The Board ORDERS that the hearing be adjourned to August 3, 2011, without prejudice to the Licensee’s right to request a further adjournment based on the status of the criminal charges on the return date.
15Further, on the consent of the parties, the Board ORDERS that:
a. the interim suspension order dated November 17, 2010 is lifted, retroactive to November 22, 2010; and,
b. the following conditions shall attach to the Licence, effective November 22, 2010:
i. Balwinder Singh shall not be employed in any capacity at Jet Fox Bar & Grill, 4141 Dixie Road, Rockwood Mall, Mississauga and (he) shall be prohibited from entering into Jet Fox Bar & Grill at any time for any reason;
ii. All managers or persons in charge of the licensed premises, other than Amrit Pal Singh and those managers or person in charge of the licensed premises who have not already filed one, shall file a Personal History Report with the Alcohol and Gaming Commission (“the AGCO”) within seven (7) days of this order. These managers shall not start their employment until approved to do so by the Registrar of Alcohol and Gaming;
iii. Any staff working at or employed by the establishment shall be at least nineteen (19) years of age;
iv. Proper identification shall be checked of all patrons who are or appear to be under the age of twenty-five (25) prior to being served alcoholic beverages; and,
v. The Licensee will co-operate with police and with AGCO staff and inspectors.
DATED AT Toronto, ON, this 8th day, of July, 2011.
S. GRACE KERR, BOARD MEMBER BRUCE MILLER, BOARD MEMBER