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 Ontario Registrar
-and-
1827081 Ontario Limited operating as Café Day N Night Licensee
DECISION
Panel: Kirsti Hunt, Vice-Chair Patricia McQuaid, Vice-Chair
Decision Date: May 27, 2011
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 200 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 ) Rena Khan, Representative 1827081 Ontario Limited, Licensee ) Thao Thanh Truong, on his own behalf and on behalf of the Corporation
1A hearing into Notice of Proposal number 18542 dated February 24, 2011 to suspend liquor licence number 812154 (the "licence") issued to 1827081 Ontario Limited (the "Licensee") operating as CAFÉ DAY N NIGHT, 680 Silver Creek Blvd., Unit 14, Mississauga, Ontario, L5A 3Z1, on the basis of alleged violation of subsection 45(1) of the Liquor Licence Act (the "LLA") and section 29 of Ontario Regulation 719/90 (the "O.Reg") made pursuant to the LLA, was held on May 13, 2011 in the City of Toronto.
2Thao Thanh Truong, is the principal owner of the Corporate Licensee. He appeared on his own behalf and on behalf of the Corporation and waived the right to be represented by a licensed representative. Mr. Truong was assisted by David Thai, manager of the licensed premises, sworn as interpreter for these proceedings.
3Ms Khan and Mr. Truong submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision. It was agreed and admitted that:
a. On October 30, 2010, inspectors attempted to enter the premises for the purposes of conducting an inspection, however, the doors to the premises were locked. An employee of the licence holder poured beer down the sink while the inspectors were waiting to gain entry to the establishment.
b. Further, that, numerous cans and pitchers of beer were observed throughout the premises at 2:53 a.m.
4Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the LLA and section 29 of the O.Reg.
Order
5Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 812154 issued to 1827081 Ontario Limited operating as CAFÉ DAY N NIGHT, 680 Silver Creek Blvd., Unit 14, Mississauga, Ontario, L5A 3Z1, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on May 30, 2011 and CONTINUE until 2:00 a.m. on June 6, 2011.
DATED AT TORONTO THIS 27 DAY OF May , 2011.
KIRSTI HUNT, VICE-CHAIR PATRICIA MCQUAID, VICE-CHAIR
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT R.S.O. 1990, chapter L.19, subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF 1827081 ONTARIO INC. OPERATING AS CAFÉ DAY N NIGHT LICENCE NUMBER 812154 NOTICE OF PROPOSAL NUMBER 18542
AGREED STATEMENT OF FACTS
The Licensee, who is not represented by counsel but having being advised of the right to counsel and having waived that right, and the Registrar agree to the following facts:
On October 30, 2010, inspectors attempted to enter the premises for the purposes of conducting an inspection, however, the doors to the premises were locked. An employee of the licence holder poured beer down the sink while the inspectors were waiting to gain entry to the establishment.
Further that, numerous cans and pitchers of beer was observed throughout the premises at 2:53 a.m.
Based on the facts in paragraphs 1 and 2 the licence holder admits to violations of sections 45(1) of the Liquor Licence Act and section 29 of Ontario Regulation 719/90 under the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
The Licence Holder and Registrar's Counsel agree to the imposition of the following disposition based on the Agreed Facts:
A seven (7) day suspension of the liquor licence to start at 11:00 a.m. on Monday May 30, 2011 and continue until 2:00 a.m. on Monday June 6, 2011.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
Dated in Toronto this 13th day of May 2011.
Thao Thanh Troung For the Licence Holder "I have authority to bind the corporate licensee"
Rena Khan Counsel for the Registrar of Alcohol and Gaming