LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: LA MOLISANA CAFÉ
209 Talbot St. W.
Lot 4, Concession 2,
Leamington, Ontario
N8H 1N8
Licensees: Albina Ingratta and Umberto Ingratta
Licence Number: 808069
Notice of Proposal: To SUSPEND a licence
Dated January 19, 2007.
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 unlawful gambling to occur on the premises or in the adjacent washrooms, liquor and food preparation area and storage areas under the exclusive control of the licence holder.
Hearing: Ramada Hotel
201 Erie St. N
Leamington, Ontario
March 23, 2007
Presiding
Board Members: David C. Gavsie, Chair
Bruce Monteith, Member
Counsel for the
Registrar: Brad Alton
Agent for the
Licensees: Augusto Couteiro
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 23, 2007, pursuant to a Notice of Proposal dated January 19, 2007 to suspend the liquor licence issued to Albina Ingratta and Umberto Ingratta for premises operating as La Molisana Café, 209 Talbot St. W., Lot 4, Concession 2, Leamington, Ontario, N8H 1N8, licence number 808069;
AND WHEREAS Augusto Couteiro appeared on behalf of the licensees and waived their 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. Ingratta, appearing on his own behalf, 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 October 14, 2006, an illegal poker game was underway in the licensed premises.
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 Albina Ingratta and Umberto Ingratta for premises operating as La Molisana Café, 209 Talbot St. W., Lot 4, Concession 2, Leamington, Ontario, N8H 1N8, licence number 808069 be SUSPENDED for THREE (3) consecutive days to COMMENCE at 11:00 a.m. on May 18, 2007, and CONTINUE until 2:00 a.m. on May 21, 2007.
FURTHER the Board ORDERS the following condition:
“No games of chance or games of mixed skill and chance are permitted in the licensed premises. This includes any card or like games. Billiards are excluded.”
DATED AT TORONTO THIS 5th DAY OF APRIL 2007.
__________________________________ ___________________________________
DAVID C. GAVSIE, CHAIR BRUCE MONTEITH, BOARD MEMBER
BM/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
ALBINA INGRATTA, UMBERTO INGRATTA
OPERATING AS LA MOLISANA CAFÉ,
209 TALBOT ST. W., LOT 4, CONCESSION 2, LEAMINGTON,
LICENCE NUMBER 808069
NOTICE OF PROPOSAL NUMBER 14862
AGREED STATEMENT OF FACTS
The Licence Holder, who is not represented by legal counsel, but who has been advised of the licence holder’s right to legal counsel and having declined that right and agreed to proceed without legal counsel, and Registrar’s Counsel agree to the following with respect to the Notice of Proposal to Suspend a licence dated January 19, 2007:
On October 14, 2006, an illegal poker game was underway in the licensed premises.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of
subsection 45 (1) of Ontario Regulation 719/90 under the Liquor Licence Act.
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
ALBINA INGRATTA, UMBERTO INGRATTA
OPERATING AS LA MOLISANA CAFÉ,
209 TALBOT ST. W., LOT 4, CONCESSION 2, LEAMINGTON,
LICENCE NUMBER 808069
NOTICE OF PROPOSAL NUMBER 14862
JOINT SUBMISSIONS ON DISPOSITION
The Licence Holder and Registrar’s Counsel agree that the following disposition is appropriate in these circumstances:
There shall be a THREE (03) day suspensions of liquor licence #0808069 to be served consecutively within NINETY (90) days of today’s date, on dates to be provided, in writing to the Manager of Hearings within SEVEN (7) days of today’s date, failing which dates shall be imposed by the Board without further consultation with the Licensee. The Licensee is aware that the proposed suspension cannot start within 20 days of today’s date. The suspension must include the day of the week that the offence occurred which was a Saturday.
The Licensee agrees and consents to the following condition being added to liquor licence number 0808069:
“No games of chance or games of mixed skill and chance are permitted in the licensed premises. This includes any card or like games. Billiards are excluded.”
Dated at Leamington this 21st day of March 21, 2007.
__________________________________ __________________________________
Albina Ingratta Brad Alton, Counsel for the
Licence Holder Registrar of the AGCO
__________________________________
Umberto Ingratta
Licence Holder