Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2012-06-19
FILE:
7317/LLA
CASE NAME:
7317 v. Registrar of Alcohol and Gaming
Appeal from the Notice of Proposal of the Registrar of Alcohol and Gaming under the Liquor Licence Act, R.S.O. 1990, c. L. 19 – to Revoke a Licence
TORONTO BESPOKE INC. O/A THE PUBLIC RESIDENCE Applicant
-and-
REGISTRAR OF ALCOHOL AND GAMING
Respondent
ORDER
ADJUDICATOR:
Patricia McQuaid, Vice Chair
APPEARANCES:
For the Applicant:
Russ Makepeace, Agent
For the Respondent:
Tamara Brooks, Counsel
Heard in Toronto:
June 14, 2012
ORDER
On March 29, 2012, the Registrar of Alcohol and Gaming under the Liquor Licence Act, R.S.O. 1990, c. L. 19 (the “Registrar”) issued Notice of Proposal number 19161 to revoke liquor licence number 803955 issued to Toronto Bespoke Inc. o/a The Public Residence (the “Applicant”). On the same date, the Registrar issued an order to immediately suspend the licence on an interim basis.
An Amended Notice of Proposal (number 19178) was issued on April 12, 2012.
The hearing into this matter commenced on April 3, 2012 in the presence of Gerard Mitchell, Counsel representing the Applicant and Tamara Brooks, Counsel appearing on behalf of the Registrar. Following the evidence of that day, the Tribunal issued an order rescinding the interim suspension order. The hearing resumed on April 16, 2012.
As a result of disclosure issues that arose at that time, as well as a possible issue regarding Mr Mitchell’s continued representation of the Applicant, the hearing was adjourned to June 14 and 15, 2012.
At the resumption of this hearing, Mr Makepeace, appeared, on behalf of the principal of the Applicant, Mr. Nasir, as an agent only, and requested a further adjournment. Mr Nasir was not present, having suffered some health issues requiring hospitalization since the last attendance before the Tribunal. Further, Mr Makepeace advised that Mr Nasir has not yet retained legal representation.
In response to the adjournment request, Ms Brooks advised that the disclosure of surveillance tapes that had been requested by the Toronto Police Service and the AGCO had not yet been provided though Mr Nasir, through his counsel at that time, had undertaken to do so. She stated that it is the Registrar’s intention to bring a motion compelling that production. As well,, as a result of additional information that has come to the attention of the Registrar, the Registrar will be issuing a further amended Notice of Proposal.
In the circumstances, the Tribunal determined that a further adjournment is appropriate and orders as follows:
The hearing is herby adjourned and will resume on July 23, 2012 at the Tribunal’s Chambers, 20 Dundas Street West, Toronto, commencing at 9:30 a.m., which date is peremptory upon the Applicant and any legal representative retained on its behalf.
In the event that the Registrar amends the Notice of Proposal dated April 12, 2012, the amended NOP with disclosure to the Applicant, will be served and filed no later than July 3, 2012. In addition, the Registrar will file any motion materials, clearly setting out the relief sought and any material in support thereof, no later than July 3, 2012.
For the purpose of these proceedings, the Registrar shall serve its documents upon the Applicant at the Applicant’s address as shown on the liquor licence,unless otherwise advised by Mr Nasir or his legal representative.
LICENCE APPEAL TRIBUNAL
________________________ Patricia McQuaid, Vice Chair
RELEASED: June 19, 2012