LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: FOUR S’S RESTAURANT AND NITE SPOT 3622 Dufferin Street North York, ON M3K 1N7
Licensee: Mavis Gem (Julie) Yorke
Licence Number: 90369
Notice of Proposal: To SUSPEND a licence and to ADD a condition to the licence Dated July 18, 2006
Supplementary Notice of Proposal: To SUSPEND a licence Dated December 24, 2006
The Proposals allege that:
(a) contrary to subsection 45 (1) of the Liquor Licence Act, the licence holder obstructed a person carrying out an inspection under the Act.
(b) contrary to subsection 45(2) of the Liquor Licence Act (“LLA”) the licence holder failed to facilitate an inspection relevant to the licence.
(c) 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.
(d) contrary to subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act (the “O. Reg. 719/90”), 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.
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Ave. E., 3rd Floor Toronto, Ontario M2N 0A4 February 20, 2007
Presiding Board Member: Patricia McQuaid, Vice-Chair
Counsel for the
Registrar: Bryna Kaplan
Counsel for the Licensee: Michael T. Wadsworth
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 February 20, 2007, pursuant to a Notice of Proposal dated July 18, 2006 to suspend a licence and to add a condition to the licence and a Supplementary Notice of Proposal dated December 24, 2006 to suspend the liquor licence issued to Mavis Gem (Julie) Yorke for premises operating as Four S’s Restaurant and Nite Spot at 3622 Dufferin Street, North York, Ontario, M3K 1N7, licence number 90369;
AND WHEREAS the licensee was represented by legal counsel Michael T. Wadsworth;
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 counsel for the 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 March 4, 2006 at approximately 5:20 a.m., the signs of the service and consumption of liquor were not yet cleared from the licensed premises.
On August 4, 2006, a drunken person was found in the licensed premises.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under section 29 and subsection 45 (1) of O. Reg. 719/90. The Board accepted the withdrawal of all other allegations contained in the Notice of Proposal dated July 18, 2006 including the request for a condition on the licence.
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Mavis Gem (Julie) Yorke for premises operating as Four S’s Restaurant and Nite Spot at 3622 Dufferin Street, North York, Ontario, M3K 1N7, licence number 90369 be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on March 5, 2007 and CONTINUE until 2:00 a.m. on March 12, 2007.
DATED AT TORONTO THIS 23RD DAY OF FEBRUARY, 2007.
_________________________________
PATRICIA MCQUAID, VICE-CHAIR
PM/mw
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT R.S.O. 1990, c.L.19, s. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF MAVIS GEM (JULIE) YORKE OPERATING AS FOUR S’S RESTAURANT AND NITE SPOT AT 3622 DUFFERIN STREET, NORTH YORK, LICENCE NUMBER 90369
AGREED STATEMENT OF FACTS
The Licensee, through her Legal Counsel, and Registrar’s Counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence and to Add a Condition to the Licence dated July 18, 2006 and the Supplementary Notice of Proposal to Suspend a Licence dated December 24, 2006:
On March 4, 2006 at approximately 5:20 a.m., the signs of the service and consumption of liquor were not yet cleared from the licensed premises.
On August 4, 2006, a drunken person was found in the licensed premises.
Based on the above-admitted facts, the licence holder admits to violations of sections 29 and 45 (1) of Revised Regulation 719/90 under the Liquor Licence Act.
The licence holder has no prior adverse record with the Commission.
JOINT SUBMISSION ON DISPOSITION
Whereas the licensee has no prior record of suspensions with the Commission;
The Licensee, through her Legal Counsel, and Registrar’s Counsel jointly submit that the following disposition is appropriate in these circumstances:
A seven (7) day suspension of liquor licence number 90369 to be served consecutively within 90 days of today’s date.
Should the Board make the findings as set out in the Agreed Statement of Facts and impose the disciplinary action as proposed above, the Registrar shall withdraw the remaining allegations contained in the Notice of Proposal dated July 18, 2006.
Respectfully submitted this 20 day of February, 2007.
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Michael T. Wadsworth Bryna Kaplan Counsel to the Licence Holder Counsel to the Registrar, AGCO
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Mavis Gem (Julie) Yorke Licence Holder