Licence Appeal Tribunal
FILE: 9306/LLA
CASE NAME: 9306 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 Suspend a Licence.
1820363 Ontario Inc. o/a G's Chill & Grill Sports Bar Appellant
-and-
Registrar of Alcohol and Gaming Respondent
ORDER
ADJUDICATOR: Simon Dann, Member
APPEARANCES:
For the Appellant: Teena Belent, Counsel
For the Respondent: Katharine Brickman, Student-At-Law Sabine O'Keeffe, Student-At-Law Tamara Brooks, Counsel
Heard in Toronto: April 16, 2015
ORDER
The Registrar of Alcohol and Gaming (the “Registrar”) under the Liquor Licence Act, (the “Act”) issued an Amended Notice of Proposal ("NOP"), number 20786 dated March 27, 2015, to suspend the liquor sales licence of 1820363 Ontario Inc. o/a G's Chill & Grill Sports Bar (the “Appellant” or “Licensee”), on the basis that:
(1) the Licensee failed to clear the signs of service and consumption within 45 minutes after the end of the period during which liquor may be sold and served and,
(2) the Licensee failed to ensure that the number of persons on the premises to which the licence applies did not exceed the capacity of the licensed premises as stated on the licence.
Prior to the commencement of the hearing, and following some discussion between the parties, the Tribunal was advised the parties had reached a settlement of the matter.
As part of the settlement agreement between the parties, the Appellant's counsel advised the Tribunal that the Appellant had accepted the allegations contained in the Registrar's Amended Notice of Proposal No. 20786, dated March 27, 2015.
Therefore, upon agreement and consent of the parties, and as the Tribunal was requested to include the specifics of the settlement terms, the Tribunal orders that:
The liquor licence of the licence holder shall be suspended for a period of 55 days.
The licence holder shall advise the Registrar, by or before April 24, 2015, of the date on which the suspension period will commence.
The suspension period shall commence by or before May 15, 2015.
In the event, the licence holder fails to advise the Registrar, by April 24th, of the date on which the suspension will commence, the Registrar shall determine the date for the commencement of the suspension period and provide the licence holder with notice of seven (7) days of that date.
LICENCE APPEAL TRIBUNAL
Simon Dann, Member
Released: April 22, 2015