The Alcohol and Gaming Commission of Ontario (AGCO) is moving to revoke the liquor licence of a Leamington restaurant that made headlines for staying open during the provincial lockdown.
In a media release, officials with the provincial agency said they have issued an order of interim suspension of the liquor licence of Family Kitchen that takes effect immediately.
Additionally, the AGCO has also issued a Notice of Proposal to revoke the establishment’s liquor licence for infractions of the Liquor Licence Act.
"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," read the release.
The AGCO was advised that on March 6, provincial police found the establishment to allegedly be operating in contravention of the Reopening Ontario Act.
As a result, the licensee was charged with breaching an order made under the Emergency Management and Public Protection Act and continued under the ROA.
According to the AGCO, the licence holder has since repeatedly contravened the Orders made under the Emergency Management and Public Protection Act since the province-wide stay-at-home order was declared earlier this month.
"On April 9 and then again on April 15, an AGCO Compliance Official attended the licensed premises and patrons were observed dining within the licensed establishment," read the release. "The licence holder has confirmed to the AGCO that they remain open for dine-in. On April 14, the licensee was again charged with Failing to Comply with a continued Emergency Order, on this occasion by Municipality of Leamington by-law officials."
At that time the restaurant, which was supposed to be closed to indoor dining, had been operating at 50 per cent capacity since February 3 despite the various regulations set in place by the Ontario COVID-19 Response Framework.
In a post on the Family Kitchen Facebook on Friday, owner Kirsty Leathem said her fight wasn't over yet and encouraged people to show support to other small businesses in the community.
"This is not a question of what one believes in. Simple. In life, you need a job to survive," read the post. "Anyone that can not see that, I challenge you to take a pay cut and go without the basic necessities and not until you’ve experienced that, do you have the right to judge thy next."
An establishment served with an interim suspension or a Notice of Proposal 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.