LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: DIAMOND SHAWARMA
354 ½ Rideau Street
Ottawa, Ontario
K1N 5Y8
Licensee: 3505171 Canada Inc.
Licence Number: 803793
Notice of Proposal: To SUSPEND a licence
Dated September 29, 2006
The Proposal alleges that:
(a) Contrary to subsection 25(1) of Ontario Regulation 719/90 under the Liquor Licence Act, liquor was sold and served in the licensed premises outside of prescribed hours.
(b) Contrary to section 29 of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to clear the signs of service and consumption in the licensed premises within 45 minutes after the end of the period during which liquor may be sold and served under the licence.
(c) Contrary to subsection 34 (1) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder permitted a patron to remove liquor from the licensed premises.
(d) Contrary to subsection 5(3) of the Liquor Licence Act, liquor was delivered for a fee not under the authority of a licence to deliver liquor.
(e) Contrary to subsection 30.1(1) under the Liquor Licence Act, the licence holder failed to display the Fetal Alcohol Spectrum Disorder warning sign while selling or supplying liquor or offering to sell or supply liquor.
(f) Contrary to subsection 31(1)(c) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder kept for sale liquor not purchased under the licence.
(g) Contrary to section 33(1) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder permitted liquor other than liquor purchased by the licence holder under the licence from a government store to be brought onto the licensed premises or the liquor and food preparation area and storage areas
(h) A condition on the liquor licence states:
The sale and service of liquor in the licensed premises shall cease at 10:00 p.m. and the signs of the service and consumption of liquor in the in the licensed premises shall be cleared by 10:45 p.m.
Hearing: Ottawa Marriott
100 Kent Street
Ottawa , Ontario K1P 5R7
March 20, 2007
Presiding
Board Members: Alex McCauley, Member
Guy Maurice, Member
Counsel for the
Registrar: Joyce Taylor
Attendance: Michel Al-Koutsi, officer, director and shareholder of the licensee corporation
Exhibits: #1 Agreed Statement of Facts
#2 Joint Submission on Disposition
D E C I S I O N and O R D E R
WHEREAS the Board of the Alcohol and Gaming Commission of Ontario (“AGCO”) held a hearing on March 20, 2007, pursuant to a Notice of Proposal dated September 29, 2006 to suspend the liquor licence issued to 3505171 Canada Inc. for premises operating as DIAMOND SHAWARMA, 354 ½ Rideau Street, Ottawa, Ontario, K1N 5Y8, licence number 803793;
AND WHEREAS Michel Al Koutsi, an officer, director and shareholder of the licensee corporation, appeared on the corporate licensee’s behalf and waived its right to be represented by legal counsel;
AND WHEREAS the hearing proceeded by way of a written Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) submitted by counsel for the Registrar and Michel Al Koutsi, appearing on behalf of the corporate licensee, which are attached hereto and form part of this decision. With reference to the particulars of the allegations, it was agreed and admitted that:
On August 15, 2006 liquor inspectors visited the licensed premises at approximately 11:10 p.m. and found that the licensee continued to sell liquor, despite a condition of the licence prohibiting the sale and service of liquor after 10:00 p.m. each night. The signs of service and consumption of liquor had not been cleared from the licensed premises. A patron was sold a bottle of vodka cooler and allowed to remove it from the licensed premises.
On August 17, 2006 a liquor inspector telephoned the licensed premises and asked that six bottles of beer be delivered to a hotel. The staff member agreed to the delivery and advised the inspector that the price would be $30.00. Shortly thereafter a staff member arrived at the hotel wit the beer.
On August 24, 2006 liquor inspectors visited the licensed premises and found liquor on display in the premises which had not been purchased under the liquor licence.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 5(3) of the Liquor Licence Act, in addition to, sections 29, 33(1) and subsection 34(1) of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act, including a breach of a condition of the licence. The Board accepted the withdrawal of all other allegations contained in the Notice of Proposal dated September 29, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to3505171 Canada Inc. for premises operating as DIAMOND SHAWARMA, 354 ½ Rideau Street, Ottawa, Ontario, K1N 5Y8, licence number 803793, be SUSPENDED for EIGHTEEN (18) consecutive days to COMMENCE at 11:00 a.m. on April 8, 2007 and CONTINUE until 2:00 a.m. on April 26, 2007.
DATED AT TORONTO THIS 27th DAY OF MARCH, 2007.
ALEX MCCAULEY, BOARD MEMBER GUY MAURICE, BOARD MEMBER
AM/sm
Attached.
IN THE MATTER OF THE LIQUOR LICNECE ACT
R.S.O. 1990,c.L.19,s. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF
3505171 CANADA INC.
OPERATING AS DIAMOND SHAWARMA
354 1/12 RIDEAU STREET , OTTAWA
LICENCE NO. 803793
AGREED STATEMENT OF FACTS
The Licensee who has been advised of its right to counsel and having waived that right and chosen to proceed without a lawyer, agrees with Registrar’s Counsel to the following facts in relation to the Notice of Proposal to Suspend a Licence dated September 29, 2006.
On August 15, 2006 liquor inspectors visited the licensed premises at approximately 11:10 p.m. and found that the licensee continued to sell liquor, despite a condition of the licence prohibiting the sale and service of liquor after 10:00 p.m. each night. The signs of service and consumption of liquor had not been cleared from the licensed premises. A patron was sold a bottle of vodka cooler and allowed to remove it from the licensed premises.
On August 17, 2006 a liquor inspector telephoned the licensed premises and asked that six bottles of beer be delivered to a hotel. The staff member agreed to the delivery and advised the inspector that the price would be $30.00. Shortly thereafter a staff member arrived at the hotel wit the beer.
On August 24, 2006 liquor inspectors visited the licensed premises and found liquor on display in the premises which had not been purchased under the liquor licence.
Based on the above-mentioned facts, the licensee admits to having breached section 29, 33(1) and 34(1) of Ontario Revised Regulation 719/90, section 5(3) of the Liquor Licence Act and a condition of the licence.
JOINT SUBMISSION ON DISPOSITION
Whereas this licensee has no prior adverse record with the Board.
The Licensee, who has been advised of his right to counsel and having waved that right and chosen to proceed without a lawyer, jointly submits with Registrar’s counsel that the following disposition is appropriate in the circumstances.
There shall be a eighteen (18) day suspension of liquor licence 803793 commencing at 11:00 a.m. on April 8, 2007 and continuing until April 26, 2007 at 2:00 a.m.
Should the Board find the facts set out the in the Agreed Statement of Facts and order the sanction set out in the Joint Submission on Disposition, the Registrar shall withdraw all remaining allegations set out in the Notice of Proposal to Suspend a Licence dated September 29, 2006.
Respectfull submittied this 20the day of March 2007.
3505171 CANADA INC.
Per:_____________________________________ ____________________________________
Michel Al Koutsi Joyce A. Taylor
“I have authority to bind the Corporation” Counsel for the Registrar