LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: CABBAGETOWN RESTAURANT & BAR 443 Parliament Street Toronto, Ontario M5A 3A1
Licensee: 1607310 Ontario Inc.
Licence Number: 21291
Notice of Proposal: To SUSPEND a licence Dated April 7, 2006
Supplementary Notice of Proposal: To REVOKE a licence Dated May 23, 2006
Supplementary Notice of Proposal: To REVOKE a licence Dated September 29, 2006
The Proposals allege that:
(a) Contrary to subsection 45(2) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder permitted a person to hold, offer for sale, sell, distribute or consume a narcotic as defined in the Controlled Drugs and Substances Act on the premises or in the adjacent washrooms, liquor and food preparation areas and storage areas under the exclusive control of the licence holder.
(b) Contrary to subsection 6(2)(h) of the Liquor Licence Act, the licence is not in the public interest having regard to the needs and wishes of the residents of the municipality in which the premises are located.
(c) Contrary to subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder permitted drunkenness or riotous, quarrelsome, violent or disorderly conduct to occur on the licensed premises or in the areas under the control of the licence holder.
(d) Contrary to subsection 54(1)(a) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to retain the record of the purchases of food and liquor for the licensed premises.
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, 3rd Floor Toronto, Ontario M2N 0A4 January 4 & 5, 2007
Presiding
Board Members: Alex McCauley, Member Allan Higdon, Member
Counsel for the Registrar:
Joyce Taylor
Agent for the Licensee:
Fred DiBello (January 4 & 5, 2007)
Counsel for the Licensee:
Michael A. Leitold & Peter Rosenthal (after January 27, 2007)
Party to the Proceedings:
Eric Murphy, representing the residents
Exhibits: #1 – Licence Profile of establishment #2 – Liquor Sales Licence Application #3(a) – 3(i) – Letters and e-mails opposing the continuation of the liquor licence #4 – Street map of establishment and surrounding area #5 – AGCO decision for Flower Drum Restaurant
Authorities: Heart & Crown Pub & Restaurant, [1999] O.A.G.C.D. No. 288 Rol Jui Seafood Restaurant, [2006] O.A.G.C.D. No. 368 Voodoo Nightclub, [2006] O.A.G.C.D. No. 392 Sand Bar, [1999] O.A.G.C.D. No. 64 O’Callaghan’s Pub & Grill, [2004] O.A.G.C.D. No. 462 Armani's Nightclub, [2006] O.A.G.C.D. No. 340 Phoenix, [2006] O.A.G.C.D. No. 582 Major Mack Hotel v. Ontario (Liquor License Board), [1999] O.J. No. 1418 (O.C.A.) Blue Moon, [2006] O.A.G.C.D. No. 194
Witnesses: Eric Murphy, resident Pam McConnell, Councillor for the City of Toronto Joe Novak, local business operator Beverley Conquest, resident Steve Barreca, resident Fabien Tiburce, resident Douglas Fisher, coordinator of the Old Cabbagetown Business Improvement Association Darren Halman, police officer Raj Patel, police officer Joseph Matys, police officer Lilly Wu, waitress Ann Mott, resident Marilyn Dombroski, resident Rebecca O’Hara, resident Hui Jiang An, manager
The Board of the Alcohol and Gaming Commission of Ontario (“AGCO”) held a hearing on January 4 and 5, 2007 pursuant to a Notice of Proposal dated April 7, 2006 to suspend a licence and Supplementary Notices of Proposal dated May 23, 2006 and September 29, 2006 to revoke the licence issued to 1607310 Ontario Inc. (the “Licensee”) for premises operating as CABBAGETOWN RESTAURANT & BAR (the “Premises”), 443 Parliament Street, Toronto, Ontario, M5A 3A1, licence number 21291.
The Licensee retained new counsel and brought a motion to re-open the hearing and receive fresh evidence. That motion was heard February 12, 2007 and denied for the reasons given in the Board’s decision issued February 19 (now reported at [2007] O.A.G.C.D. No.52.)
Preliminary Issues
Jin Xin Zheng, the principal of the corporate licensee, was not present when the hearing commenced. His son, Victor Jiang, explained that he would be representing his father who is very elderly and has little involvement in the operation of the licensed Premises. Mr. Jiang did not have written authority to appear on behalf of his father or the corporate licensee. The hearing adjourned until the afternoon to allow Mr. Dibello to contact Mr. Zheng and resolve this issue. Mr. Zheng appeared at the resumption of the hearing and, through a translator, confirmed he understood the nature of the proceedings and authorized his son and Mr. Dibello to represent him at the hearing.
Mr. Eric Murphy, a local resident, requested party status in order to represent neighbouring residents in the public interest component of the hearing. Party status was granted.
Registrar’s Counsel stated that the Registrar was not taking a position on the public interest component but would be proceeding with the disciplinary allegations.
Registrar’s Witnesses
Eric Murphy lives about 40 yards from the south east corner on which the restaurant is located. The witness reviewed Exhibit 3(i), a series of photos, which he stated showed drug use in the area immediately adjacent to the Premises. The Premises blatantly ignored its responsibility to the community and was a security threat due to the prevalence of drugs, drunkenness, and aggressive behaviour. Mr. Murphy asked that the AGCO permanently cancel the liquor licence of the Cabbagetown Restaurant and Bar
Questioned by Mr. Dibello, the witness stated he has lived in his house for 23 years. The present licensee took over the restaurant a couple of years ago. The witness has never frequented the restaurant as he finds the presence of drug dealers unpleasant. He has seen people nearby holding plastic bags with materials and condensate in them. They looked like packages of crack cocaine that have only recently been removed from a refrigerator.
The witness stated he has called police on occasion but they always arrive too late to catch anybody. Questioned about knowledge of any search warrants, the witness stated he has been told the site was investigated but he has never witnessed that personally. He has seen police arrest people in front of the Premises. He has witnessed clearly intoxicated people come in and out of the bar, badgering pedestrians and smoking drugs. In addition, he has seen people “smoking up” on the patio of the Premises and staff took no action.
The witness acknowledged that none of the photos entered as exhibits show drugs being used on the Premises in question.
Pam McConnell is a Councillor for the City of Toronto. She stated she had been contacted in writing by several people and received a large number of telephone calls regarding the Cabbagetown Restaurant and Bar. There was large attendance at a public meeting in June 2005 where over 100 people signed a petition against the Premises. In September 2005 she received another petition signed by 105 people regarding drugs and rowdy behaviour. This petition was forwarded to police. The Councillor outlined numerous further meetings with local residents, provincial authorities, and police to discus the problems at the Premises. Over time, there has been no noticeable improvement in the operation of the business. The Councillor asked that the licence of the Premises be revoked and that the revocation be attached to the owner and property title.
Joe Novak is the operator of the No Frills grocery store near the Premises. He cited an instance when the Cabbagetown Restaurant and Bar was under different ownership and someone stated to him they were sent by the bar to steal meat from his store in return for cigarettes. During the current ownership a thief took steaks from his store and went to the patio of the subject Premises where he was protected by patrons. The witness also followed a drunk with a jacket full of meat to the patio of the Premises where a man with a chain protected him. The thief went into the Premises, emptied his jacket, and came out with beer. When the witness evicts intoxicated patrons from his store they often go back across the street into the bar.
In response to a question from the Panel, the witness stated he never spoke to the management of the restaurant and conveyed his concerns.
Beverley Conquest has been a resident of Cabbagetown for ten years. The witness lives a two-minute walk from the Premises. She stated her nine-year-old daughter feels threatened when she walks past the Premises as she is frequently subjected to distasteful comments when she passes the patio. Her daughter should not have to arrange her route home to avoid being taunted. The witness has heard vulgar, annoying and lewd comments from the patio. Staff has not attempted to curb the behaviour. The family avoids the corner on which the restaurant is located whenever possible. The witness is not aware of any noticeable recent improvement in the behaviour of the restaurant patrons.
Steve Barreca is a resident of Cabbagetown who lives almost adjacent to the subject Premises. The witness stated patrons of the restaurant have been verbally abusive to him and his wife to the extent that his wife has changed her walking route to avoid unpleasantness. The witness has seen known narcotic users in the restaurant come to the alley behind his house and smoke narcotics. He has seen patrons smoking narcotics in plain view of the proprietor and staff. The witness is very careful about his personal safety in the area due to the prevalence of intoxicated patrons.
The witness stated he noticed a brief respite from objectionable behaviour after the licence of the restaurant was suspended for a period. The corner became “a ghost town.” There is now video surveillance on the scene but it has not been an effective deterrent. The average citizen does not want to be assaulted and threatened. The witness supports revocation of the licence.
On cross-examination, the witness stated he has lived in the neighbourhood for twelve years. Prior to the current owners the restaurant was quiet. Since the current owners took over, in the last two years there has been a steady increase in intoxicated patrons and drug use. He knows of no supporters of the restaurant.
Fabien Tiburce has been a resident of Cabbagetown since September 2004. He lives within 60 metres of the Premises. In April 2006 he was involved in an incident in which he was mocked by a man and a woman on the restaurant patio and got into an argument with them. Although a crowd developed, none of the staff on the patio intervened. His wife avoids the corner on which the restaurant is located due to the threatening nature of the clientele, as does a neighbour of his. The witness has not noticed any improvement in conduct at the restaurant in the last six months. In fact, during this time he saw a man fall over with a jug of beer while on the Premises. The witness supports revocation of the licence.
On cross-examination, the witness stated he has never seen any intervention by staff to stop abusive or drunken behaviour. The situation is out of control.
Douglas Fisher has been the full-time coordinator of the Old Cabbagetown Business Improvement Association (the “BIA”) since May 2005. The witness stated that none of the 20 licenced members of the BIA have the sort of problems experienced by the Cabbagetown Restaurant and Bar. The BIA has been very concerned about this business. It has hired police officers to take walks in the nearby community and also enter the Cabbagetown Restaurant and Bar and patrol the adjacent alleyway. This has been augmented by foot patrols by Toronto police.
The witness stated Cabbagetown is a neighbourhood in transition. The BIA wants to change any negative perception of the street. The temporary suspension of the liquor licence of the Cabbagetown Restaurant and Bar brought peace and quiet to the area. With the renewal of the liquor trade, that peace is now over.
On cross-examination, the witness stated the subject Premises had not been directly approached to discuss any problems.
Darren Halman is a Staff Sergeant with the Toronto Police Services. From December 2001 until May 2006 the witness worked in 51 Division, which is responsible for the subject area. During this period the witness was in charge of a team dealing with the drug trade.
The witness testified that from September to December 2005 numerous complaints were received about drug activity around the Cabbagetown Restaurant and Bar. On September 6, 2005 the witness went with his undercover team to this area to buy drugs. An individual who had exited the Cabbagetown Restaurant and Bar sold crack cocaine to an undercover officer across the street from the Premises. On November 30, 2005, the same person was sighted in the Cabbagetown Restaurant and Bar and arrested on the Premises with $2,000 in cash and numerous small pieces of drugs on his person. The witness stated it was clear this man was using the Cabbagetown Restaurant and Bar as his base for crack sales in the area. The witness testified the establishment is known among drug users as a place to purchase crack cocaine.
The police team returned on December 8, 2005 and observed a man, later identified as William Toth, go into the restaurant, make a quick transaction, and leave. He was arrested and found to have $120 worth of crack cocaine on his person. He said he purchased the drug in the restaurant from Rayline Robichaud. Police entered the Premises and arrested her on site for selling cocaine.
The witness told the restaurant staff to contact him if they were having trouble with drug users or sellers. He never heard from them.
The witness testified it was clear that people were coming from outside the neighbourhood to buy and sell crack cocaine in the Cabbagetown Restaurant and Bar. Restaurant staff was either “willfully blind or negligent” regarding the drug trade on the Premises. Although the licensee was not selling drugs himself, he was doing nothing to stop the trade. The witness cited the situation of the Toth arrest as an example. Toth entered the bar and stayed for about 1.5 minutes, an amount of time very consistent for a drug transaction. The man made no attempt to order drink or food. Such a brief encounter should signal to any responsible licensee that illegal transactions are taking place.
The witness stated Cabbagetown Restaurant and Bar was the most prominent bar on the list of those causing problems in the entire 51 Division jurisdiction. He opined that if the liquor licence were to be revoked, it would deprive the drug pushers of a home base and alleviate a lot of stress among residents in the area.
On cross-examination the witness confirmed that there had been numerous complaints about the activities in and around the Cabbagetown Restaurant and Bar. He and his team were on site in response to those complaints. The witness noted the licensee or manager was never charged with drug offences.
The witness confirmed the staff of Cabbagetown Restaurant and Bar was told by police there was a drug problem on the establishment. Police clearly identified themselves and police cars were in front of the Premises when drug arrests were made on occasion. Staff did not appear to take these warnings seriously.
Raj Patel has been an officer with the Toronto Police Services for ten years.
On May 30, 2006 at about 4:00 p.m. the witness arrived at the Cabbagetown Restaurant and Bar as a member of a plainclothes unit. He was assigned to conduct a Liquor Licence Act compliance check. The officer observed a male patron on the patio with a clears plastic bag in his left hand. He seized the bag, as the contents appeared to be marijuana. On the patio the witness observed a male who was extremely intoxicated. He had glassy, red eyes, was unsteady on his feet, had slurred speech and had a strong odour of alcohol. No staff members were on the patio. The patron stated he had been at the bar since 1:30 p.m. and had four or five beers there.
On May 31, 2006 the officer was at the Cabbagetown Restaurant and Bar to serve charges on the infractions he had observed the previous day. As he entered the patio, a male client became verbally abusive, yelling and screaming. As the patron left the patio he threw cigarettes at the officer and yelled, “Fuck You, Paki!” The patron was arrested.
Questioned by Mr. Murphy, the witness stated there were frequent reports of drunkenness at the Cabbagetown Restaurant and Bar. The licensee permits irresponsible behaviour. The witness recalls allegations that people enter the restaurant without purchasing food or drinks and make a quick exit.
On cross-examination, the witness confirmed all members of the police team on May 30, 2006 were in plain clothes. He estimated there were 25 patrons on the patio but no staff.
The drugs seized in the clear plastic bag were destroyed. The patron with drugs was only cautioned.
The witness stated he did not go inside the restaurant but confined his activities to the patio.
Joseph Matys has been with the Toronto Police Services for nine years. He was at the Cabbagetown Restaurant and Bar with Constables Patel and Carter on May 30, 2006. The witness went to the bar of the establishment where he met Mr. Chiang. The witness presented his identification, stated he was conducting a liquor licence inspection, and asked for the receipts from liquor purchases. Mr. Chiang was unable to provide any receipts and had no explanation as to why this was the case. None of the receipts requested on May 30, 2006 were ever subsequently presented and he never indicated why they were not presented.
Questioned by Mr. Murphy, the witness stated that many complaints had been received by police regarding the Cabbagetown Restaurant and Bar. Mr. Chiang never sought assistance in preventing abuse. There were indications of drug activity on the Premises and also the transaction of stolen goods.
The licensee was charged with failure to keep records of purchase for the sale of food and alcohol, permit narcotics, and permit drunkenness.
Questioned by Mr. Murphy, the witness stated he had been a member of the plainclothes team for three years and during that time he was aware of many complaints about the Cabbagetown Restaurant and Bar.
The witness noted the licensee was convicted of permitting drunkenness in November 2006. In August 2006 new charges of drunkenness and disorderly conduct were laid.
Witnesses for the Licensee
Lilly Wu worked as a waitress in the Cabbagetown Restaurant and Bar from March 2004 until November 2005. She is Smart Serve certified and worked both inside the Premises and on the patio.
Ms. Wu stated she never saw any illegal activity in the restaurant area or adjacent properties. She has seen intoxicated people enter the Premises. She never served them but had them removed. She called police twice when there was trouble with drunks. Police responded and the drunks left.
The witness testified she never observed any drug activity on or off the Premises. This includes persons selling drugs.
Ms. Taylor asked the witness if she had been in the restaurant on December 8, 2005, May 30, 2006 and May 31, 2006 – the dates of the alleged infractions – and she stated “No”.
Mr. Murphy showed the witness Exhibit 3(i) photographs of people allegedly involved in drugs near the subject Premises. She recognized some of the people in them. The witness said she would know marijuana by its smell but she has no experience in recognizing cocaine. Looking at a photo of a woman smoking a pipe, the witness stated she was probably smoking marijuana.
Ann Mott has lived above the Cabbagetown Restaurant and Bar for twelve years. She said she has no issues of complaint. There was rowdy behaviour a few years ago but things have been quiet since March of 2004 when security cameras were installed. The witness goes into the Premises every day during the week to get her morning coffee. She has never seen any drug activity on the Premises and has never felt intimidated. She intends to continue living above the restaurant. The witness confirmed she was present at the Cabbagetown Restaurant and Bar on the afternoon of December 8, 2005, and also present after 5:00 pm on May 30, 2006. She does not know what is happening on the Premises when she is not there.
The witness confirmed that she is a tenant of the licensee.
Marilyn Dombroski lives in Regent Park and frequents the Cabbagetown Restaurant and Bar every morning and often in the evening. She has never seen drug activity or use either on the patio in the summer or inside in winter. She has never seen patio customers harass passers-by. Patrons do get drunk occasionally but she has never seen fights among them. The witness testified she has heard Victor (son of the licensee) tell people to leave the Premises to enforce order. She has never been approached to buy stolen goods or purchase drugs. She has not even seen people using drugs adjacent to the nearby No Frills grocery store.
The witness did not remember if she was on the Premises on December 8, 2005 or May 30, 2006. She has no specific recollection of May 31, 2006 either. She has not seen drug trafficking on-site. In response to a question from the Panel, the witness stated she has seen people intoxicated on the Premises.
Rebecca O’Hara has been a resident of the adjacent area since 1990. She is a ten minute walk away from the subject site, is a patron of the restaurant and visits every other day. On average she visits three to five times a week in the afternoon or early evening. The witness said she has never seen drug use on the patio or in the vicinity and has never seen drug use inside the restaurant. She has seen staff ask intoxicated patrons to leave. She has never seen an arrest in the restaurant.
In cross-examination the witness stated she was on the Premises on December 8, 2005 and May 30 and 31, 2006 but not at the time the alleged incidents took place.
Hui Jiang An (Victor) is the son of the licensee and has been manager of the Cabbagetown Restaurant and Bar since March 2004.
The witness stated he was in the basement of the Premises on December 8, 2005 when a drug transaction allegedly took place. The witness said he knew Raline Robichaud and was aware she sold drugs. This woman has been banned from the restaurant since June 2005 because of her drug activities and he has not seen her since.
The witness confirmed he was in his restaurant on May 30, 2006 at 3:46 p.m. when police were present. He did not see a person with a bag of marijuana. If he had seen persons with drugs he would have tossed them out. In fact, he has barred about six people from entering his Premises due to suspicious behaviour. He knows Fazid Mohammed, a convicted drug dealer, and confirmed he has patronized the restaurant. However, Mr. Mohammad did not engage in illegal behaviour on the Premises. The witness heard Mr. Mohammad sold drugs outside the nearby Dollar Store. This man has been barred from the restaurant since his first conviction and has been evicted on occasion.
The witness stated security cameras had been installed on his Premises in April/May 2006. He has never been approached to buy or sell drugs, to receive or sell stolen goods, and has never seen people attempting to sell stolen goods.
On cross-examination, the witness stated the security cameras were installed in April 2006. The cameras cover the patio and run 24 hours. The images are recorded and kept for one week. After further questioning, the witness testified the security cameras were actually installed in August 2006, after the May incidents.
Registrar’s Counsel asked if the witness had ever served a licence suspension in another establishment. He confirmed a suspension of one week while operating the White Motor Restaurant and another suspension for a week when operating the Flower Drum Restaurant.
Ms. Taylor introduced Exhibit 5, a decision of the AGCO that found the Flower Drum Restaurant guilty of a breach of subsection 45(1) of Revised Regulation 719/90 under the Liquor Licence Act. Management had permitted “drunkenness or riotous, quarrelsome, violent or disorderly conduct to occur on the licensed premises…”
The witness confirmed that convicted drug dealer Fazid Mohammad had been banned from his Premises since June 2005. Ms. Taylor questioned how this was possible as the man was arrested in the Premises in November 2005. The witness said the man was given ten minutes to leave but police entered before the end of the time limit.
The witness said police had never spoken to him offering their help to deal with drug dealers and buyers.
DECISION
In reaching its decision the Board is mindful of the test imposed on its deliberations that its verdict be based on “a preponderance of evidence.” The test of Board deliberations is not “beyond a reasonable doubt.” Hearsay evidence is permitted, but given weight based on the credibility of the witness.
Drug Sales on Premises
Staff Sgt. Halman stated that on December 8, 2005, William Toth was observed going into the Cabbagetown Restaurant and Bar, made a quick transaction and leave. He was arrested immediately thereafter and found to have $120 worth of crack cocaine on his person. He stated the drugs were purchased in the restaurant from Rayline Robichaud. Police entered the Premises and arrested Robichaud for selling cocaine.
Mr. Jiang explained that, although he was in the establishment that day, he did not remember any drug transaction as he was in the basement and only informed of the event later. He agreed he knew Rayline Robichaud, knew she sold drugs and had banned her from the Premises for that reason earlier in the year.
The evidence before the Board provides ample proof that drug dealers and drug pushers frequent the Premises. The licensee has taken steps to address this problem by banning known drug dealers, for example Fazid Mohammad and Rayline Robichaud, and installing security cameras. The problem for the Board is that these steps appear to have had little or no impact: the Licensee admits the bans failed to keep either Robichaud or Mohammad out of the Premises on more than one occasion and, according to the resident witnesses, the security cameras have had little or no deterrent effect. On this particular occasion the Licensee failed to ensure anyone was present to prevent Robichaud entering and conducting business in the Premises. In the circumstances the Board is satisfied, on a balance of probabilities, “the evidence undeniably establishes that the licensee permitted prohibited acts by affording the opportunity for, and failing to prevent certain proscribed behaviour.” (Sand Bar, [1999] O.A.G.C.D. No. 64 at para.35)
The Board therefore FINDS the licensee in breach of subsection 45(2) of Ontario Regulation 719/90 under the Liquor Licence Act.
Permit Drunkenness
Constable Patel of the Toronto Police Services testified he attended the Premises on May 30, 2006 and observed a male patron on the patio who was extremely intoxicated. He had glassy, red eyes, was unsteady on his feet, had slurred speech and had a strong odour of alcohol. No staff members were on the patio to ensure public safety and compliance with the provisions of the Liquor Licence Act.
The Board therefore FINDS the licensee in breach of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
Fail to Retain Records
Constable Joseph Matys of the Toronto Police Services stated he was in attendance at the Cabbagetown Restaurant and Bar on May 30, 2006 to conduct a liquor inspection and ask for receipts for the purchase of liquor. The manager was unable to provide any receipts and offered no explanation. None of the receipts requested were ever presented and no explanation was forthcoming. This evidence was not refuted by the licensee.
The Board therefore FINDS the licensee in breach of clause 54 (1) (a) of Ontario Regulation 719/90 under the Liquor Licence Act.
Public Interest
The Board heard complaints regarding the operation of this business from the local municipal councillor, from the local BIA, and from several nearby neighbours who are active in the community. Several letters of objection supported these claims.
Mr. Eric Murphy testified he has seen police arrest people in front of the Premises. He has witnessed clearly intoxicated people coming in and out of the bar, badgering pedestrians and smoking drugs. In addition, he has seen people “smoking up” on the patio of the Premises while staff took no action.
Councillor Pam McConnell stated she had received a large number of telephone calls and two lengthy petitions regarding the Cabbagetown Restaurant and Bar. A large public meeting was held in June and numerous further meetings have been held with local residents, provincial authorities, and police to discuss the problems at the Premises. There has been no noticeable improvement in the operation of the business.
Beverley Conquest testified she is frequently subjected to distasteful comments when she passes the premise’s patio. Staff has never attempted to stop the lewd, vulgar, and annoying comments. Fabien Tiburce stated he has never seen any intervention by staff to stop abusive or drunken behaviour.
One of the most telling pieces of testimony was given by given by Douglas Fisher, coordinator of the Old Cabbagetown Business Improvement Association (BIA). He stated that of all the businesses in the Cabbagetown area, the Cabbagetown Restaurant and Bar caused the greatest concern, to the extent that the BIA considered it necessary to spend $5,000 to hire police officers to provide extra vigilance. The officers were assigned to patrol the area around the restaurant, enter the Premises on occasion, and check the alleyway beside the establishment in particular for drug use. He stated the temporary suspension of the liquor licence brought peace and quiet to the neighbourhood but that was now over due to the reinstatement of the licence. The evidence of Mr. Fisher corroborated the testimony of Staff Sgt. Halman, who stated the establishment was a centre for the drug trade in the area and the object of numerous complaints from area residents.
The Panel heard testimony from four supporters of the establishment. One was a former employee, another a tenant of the licensee. None of them refuted the specific allegations presented in the disciplinary aspect of the hearing. They stated they were unaware of any illegal activity on the Premises.
The Board finds, on balance, the overwhelming preponderance of evidence clearly shows that the continuation of the Cabbagetown Restaurant and Bar as a licenced premises does not conform to the needs and wishes of the community. These “needs and wishes” are not based on prejudice or arbitrary social attitudes but on the solid objective evidence of a business that has shown itself to be irresponsible and ungovernable, has earned a reputation in the neighbourhood and among police as a notorious centre for the drug trade, and has been found by its peers in the business community to be a threat to the peace, security, and reputation of the entire community.
The Board therefore FINDS the Cabbagetown Restaurant and Bar in breach of subsection 6(2)(h) of the Liquor Licence Act and rules that a liquor licence for the establishment is not in the public interest having regard to the needs and wishes of the community.
Based on the rulings cited above, the Board FINDS for the Registrar on all allegations contained in the Notice of Proposal dated April 7, 2006 and the Supplementary Notices of Proposal dated May 23, 2006 and September 29, 2006 and ORDERS that the liquor licence issued to 1607310 Ontario Inc. for premises operating as CABBAGETOWN RESTAURANT & BAR 443 Parliament Street, Toronto, Ontario, M5A 3A1, licence number 21291, be REVOKED IMMEDIATELY.
DATED AT TORONTO THIS 27TH DAY OF MARCH, 2007.
ALLAN HIGDON, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER
AH/sm