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
DECISION
Panel: S. Grace Kerr, Board Member Bruce Miller, Board Member
Decision Date: December 1, 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
[1]. A hearing into an order dated November 17, 2010 to immediately suspend a liquor licence on an interim basis and Notice of Proposal 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, 4141 Dixie Road, Mississauga, Ontario, L4W 1W5, on the basis of alleged violations of section 6(2)(d) and subsections 30(3), 30(4), 45(1) and 45(2) of the Liquor Licence Act (the "LLA") was held on May 24, 2011, August 3, 2011, October 17, 2011 and November 29, 2011 in the City of Toronto.
[2]. Ms Harari and Mr. Levitan submitted an Agreed Statement of Facts (Exhibit #5) and Joint Submission on Disposition (Exhibit #6) which form part of this decision. It was agreed and admitted that:
a. On November 17, 2010, the Registrar issued an Interim Suspension Order and a Notice of Proposal to revoke the Licence.
b. The Interim Suspension Order was lifted on terms on or about November 22, 2010. To date, the Licensee has complied with the terms imposed in the Order to lift the interim suspension.
c. At all material times Amrit Pal Singh allowed Balwinder Singh, brother of Amrit Pat Singh, to be a person responsible for the management or operation of the licensed premises. At the relevant time Balwinder Singh did not have a criminal record.
d. On or about November 5, 2010, Balwinder Singh was charged with sexual assault contrary to the Criminal Code of Canada. The allegation is that Balwinder Singh met the victim, a minor at the time, who attended at the licensed premises, took her to another location, provided her with alcohol and then sexually assaulted her.
e. The Licensee has failed to meet the requirements set out in Section 6 of the Liquor Licence Act by allowing Balwinder Singh to be a person responsible for the management and operation of the business.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached section 6(2)(d) of the [LLA](https://www.