IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, c. L. 19 s. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF
2142575 ONTARIO LIMITED OPERATING AS XS
261 RICHMOND STREET WEST, TORONTO
LICENCE NUMBER 810853
O R D E R
WHEREAS a hearing into Notice of Proposal number 18163 dated June 24, 2010, to suspend liquor licence number 810853 issued to 2142575 Ontario Limited (the “Licensee”) operating as XS, 261 Richmond Street West, Toronto, Ontario, M5V 3M6, on the basis of alleged violations of subsection 30(4) of the Liquor Licence Act (the “LLA”) and section 29 and subsections 45(1) and 45(2) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on December 1 and 2, 2010, in the City of Toronto;
AND WHEREAS in its decision of April 14, 2011 the Board found the Licensee contravened section 29 of the O.Reg and dismissed the allegations of violations of subsection 30(4) of the LLA and subsections 45(1) and 45(2) of the O.Reg;
AND WHEREAS in its decision of June 17, 2011 the Board ordered a THREE (3) day suspension of the liquor licence and requested that the Licensee propose suspension dates;
AND WHEREAS the Board has considered the submissions for suspension dates submitted by the representative for the Licensee and the response of the representative for the Registrar to the proposed dates;
AND WHEREAS the Board agrees with the submission of the Registrar that the dates submitted by the Licensee included a day when the establishment would not normally be open, that being August 17th, which is a Wednesday. The Board agrees with the Registrar that the normal business days of the establishment are Thursday, Friday and Saturday;
THEREFORE the Board hereby ORDERS that liquor licence number 810853 issued to 2142575 Ontario Limited operating as XS, 261 Richmond Street West, Toronto, Ontario, M5V 3M6, be SUSPENDED for THREE (3) consecutive days to COMMENCE at 11:00 a.m. on Thursday, August 18, 2011 and continue until 2:00 a.m. on Sunday, August 21, 2011.
DATED AT TORONTO THIS 3rd DAY OF August , 2011
ELEANOR MESLIN, CHAIR, AGCO BRIAN J. FORD, BOARD MEMBER