AGCO suspends and moves to revoke liquor licence of Family Kitchen, Leamington, for non-compliance
April 17 2021 - 1:41PM
The Registrar of the Alcohol and Gaming Commission of Ontario
(AGCO) has issued an Order of Interim Suspension of the liquor
licence of Family Kitchen located at 73 Erie Street South,
Leamington, for reasons of public interest and safety.
The interim suspension takes effect immediately. At the same
time, the Registrar has also issued a Notice of
Proposal (NOP) to revoke the establishment’s liquor licence
for infractions of the Liquor Licence Act (LLA). The
Registrar has reasonable grounds to believe that the licence holder
will not carry on business in accordance with the law and with
integrity and honesty.
The AGCO was advised that on March 6, 2021, the
Ontario Provincial Police (OPP) found the establishment to be
operating in contravention of the Reopening Ontario Act (ROA). The
licensee was charged with breaching an Order made under the
Emergency Management and Public Protection Act (EMCPA) and
continued under the ROA. On April 8, 2021, a Declaration of
Emergency and a Province wide Stay-at-Home Order was made under the
EMCPA. The licence holder has since repeatedly contravened the
Orders made under the EMCPA.
On April 9, 2021 and then again on April 15,
2021, an AGCO Compliance Official (CO) attended the licensed
premises and patrons were observed dining within the licensed
establishment. The licence holder has confirmed to the AGCO that
they remain open for dine-in. On April 14 2021 the licensee was
again charged with Failing to Comply with a continued Emergency
Order, on this occasion by Municipality of Leamington By-law
officials.
Those who hold a licence to sell alcohol are
responsible for meeting their obligations under the LLA, and
to act with honesty and integrity.
The AGCO regularly conducts compliance
activities at liquor licensed establishments across the province
and commends the vast majority of licensees
for operating responsibly.
There are consequences for licence holders who
do not meet these requirements, including the possibility of an
Order of Monetary Penalty, a temporary suspension of the licence,
or in the most serious cases a revocation
of the licence.
An establishment served with an interim
suspension or a NOP has the right to appeal the
Registrar’s action to the Licence Appeal Tribunal, which is an
adjudicative tribunal independent of the AGCO and part
of Tribunals Ontario.
ADDITIONAL RESOURCES
- The LLA provides the AGCO with the
authority to carry out inspections of licensed establishments for
the purposes of determining whether there is compliance with the
Act and its regulations. Police officers also have this
authority.
- A licence holder and/or
manager must:
- Allow access to police officers
or AGCO Compliance Officials acting in the course of
their duties during or after hours of operation
- Ensure police officers
or AGCO Compliance Officials acting in the course of
their duties are given unobstructed access to the premises
including adjacent areas
- Liquor Inspections and Your
Obligations | Alcohol and Gaming Commission of Ontario
(agco.ca)
- See Section 15 (6) and 6
(2)(d) Liquor Licence Act (LLA)
MEDIA CONTACT
AGCO Communicationsmedia@agco.ca416-326-3202
ABOUT THE AGCO
The AGCO is responsible for regulating
the alcohol, gaming, horse racing and private cannabis retail
sectors in Ontario in accordance with the principles of honesty and
integrity, and in the public interest.
The AGCO is a regulatory agency with a
governing board that reports to the Ministry of the Attorney
General. The agency was established on February 23, 1998 under the
Alcohol, Cannabis and Gaming Regulation and
Public Protection Act, 1996.
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