LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: MUTUAL STREET DELI AND MINI BAR
152 Dundas St. E.,
Toronto, Ontario
M5B 2B2
Licensee: 1437559 Ontario Inc.
Licence Number: 809057
Notice of Proposal: To SUSPEND a licence
Dated December 11, 2006
The Proposal alleges that:
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 15, 2007
Presiding
Board Member: Patricia McQuaid, Vice-Chair
Counsel for the
Registrar: Joyce Taylor
Attendance: Spiro Boulieris, for the corporate licensee
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 15, 2007, pursuant to a Notice of Proposal dated December 11, 2006 to suspend the liquor licence issued to 1437559 Ontario Inc. for premises operating as Mutual Street Deli and Mini Bar, 152 Dundas Street East, Toronto, Ontario, M5B 2B2, licence number 809057;
AND WHEREAS Spiro Boulieris, appeared on behalf of the corporate licensee 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 the Counsel for the Registrar and Mr. Boulieris, 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 July 14, 2006, a police officer visited the licensed premises and found a patron showing signs of drunkenness in the establishment.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45 (1) of O. Reg.719/90.
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1437559 Ontario Inc. for premises operating as Mutual Street Deli and Mini Bar, 152 Dundas Street East, Toronto, Ontario, M5B 2B2, licence number 809057 be SUSPENDED for FOUR (4) consecutive days to COMMENCE at 11:00 a.m. on April 6, 2007, and CONTINUE until 2:00 a.m. on April 10, 2007
DATED AT TORONTO THIS 14TH DAY OF MARCH 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
1437559 ONTARIO INC. OPERATING AS MUTUAL STREET DELI AND MINI BAR, 152 DUNDAS STREET EAST, TORONTO,
LICENCE NUMBER 809057
AGREED STATEMENT OF FACTS
The Licensee, who has been advised of his 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 December 11, 2006.
On July 14, 2006, a police officer visited the licensed premises and found a patron showing signs of drunkenness in the establishment.
Based on the above-mentioned facts the Licence Holder admits to having breached section 45 (1) of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act.
The Licensee has agreed to take all necessary steps to ensure that this infraction does not take place again.
JOINT SUBMISSIONS ON DISPOSITION
Whereas this Licensee has no prior adverse record before the Board,
The Licensee, who has been advised of his right to counsel and having waived 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 four (4) day suspension of liquor licence 809057 on dates to be provided in writing to the Manager of the Hearings Section of the Alcohol & Gaming Commission of Ontario, 90 Sheppard Ave. E., Suite 300, Toronto, ON, M2N 0A4, fax (416)-326-5566, within SEVEN (7) days of today's date, failing which the dates shall be set by the Board without further consultation with the Licensee. The suspension cannot commence for at least twenty (20) days following notification, must be completed within ninety (90) days of the hearing date, and must include a Friday.
Should the Board find the facts set out in the Agreed Statement of Facts and order the sanction set out in this Joint Submission on Disposition, the Registrar shall withdraw any remaining allegations set out in the Notice of Proposal to Suspend a Licence dated December 11, 2006.
Respectfully submitted the 15th day of February, 2007.
Spiro Boulieris Joyce A. Taylor
Licensee Registrar's Counsel