LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: SORRENTO CAFÉ 770 Erie Street East Windsor, Ontario N9A 3Y2
Licensee: Sorrento Café (2005) Inc. Licence Number: 800810 Notice of Proposal: To SUSPEND a licence Dated: Sept 29, 2006
The Proposal alleges that:
(a) contrary to section 43 of Ontario Regulation 719/90 as amended by O. Reg. 346/93 under the Liquor Licence Act, the licence holder failed to ensure that the number of persons on the premises to which the licence applies, including employees of the licence holder, does not exceed the capacity of the licensed premises as stated on the licence.
(b) contrary to subsection 34 (1) of Ontario Regulation 719/90 under the Liquor Licence Act (the "O. Reg.") the licence holder permitted a patron to remove liquor from the licensed premises.
Hearing: Holiday Inn Select 1855 Huron Church Road, Windsor, Ontario March 22, 2007
Presiding
Board Members: David C. Gavsie, Chair Bruce Monteith, Member
Counsel for the
Registrar: Brad Alton
Counsel for the Licensee: Anthony Barile
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 22, 2007 pursuant to a Notice of Proposal dated September 29, 2006 to suspend the licence issued to Sorrento Café (2005) Inc. for premises operating as Sorrento Café, 770 Erie Street East, Windsor, Ontario, N9A 3Y2, licence number 800810;
AND WHEREAS the corporate licensee was represented by legal counsel Anthony Barile;
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 counsel for 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:
An inspection on June 30, 2006, found that there were approximately 200 people in an area licensed for only 84 people.
An inspection on July 4, 2006, found that a patron had removed liquor from a licensed area to an unlicensed area.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 34 (1) and section 43 of the O. Reg.
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Sorrento Café (2005) Inc. for premises operating as Sorrento Café, 770 Erie Street East, Windsor, Ontario, N9A 3Y2, licence number 800810 be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on April 23, 2007 and CONTINUE until 2:00 a.m. on May 3, 2007.
DATED AT TORONTO THIS 16th DAY OF APRIL 2007.
DAVID C. GAVSIE, CHAIR BRUCE MONTEITH, BOARD MEMBER
DCG/mw
Attachment.
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 SORRENTO CAFÉ (2005) INC. OPERATING AS SORRENTO CAFÉ, 770 ERIE STREET EAST, WINDSOR, LICENCE NUMBER 800810
NOTICE OF PROPOSAL NUMBER 14553
AGREED STATEMENT OF FACTS
The License Holder, having consulted legal counsel and Registrar's counsel agree to the following with respect to the Notice Of Proposal To Suspend A Licence dated September 29, 2006:
An inspection on June 30, 2006, found that there were approximately 200 people in an area licensed for only 84 people.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of section 43 of Ontario Regulation 719/90 under the Liquor Licence Act.
An inspection on July 4, 2006, found that a patron had removed liquor from a licensed area to an unlicensed area.
Based on the facts in paragraph 3, the Licence Holder admits to a violation of subsection 34(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 SORRENTO CAFÉ (2005) INC. OPERATING AS SORRENTO CAFÉ, 770 ERIE STREET EAST, WINDSOR, LICENCE NUMBER 800810
NOTICE OF PROPOSAL NUMBER 14553
JOINT SUBMISSION ON DISPOSITION
The Licence Holder, having consulted legal counsel and Registrar's counsel submit that the following disposition, with respect to the Notice Of Proposal To Suspend a Licence dated September 29, 2006 is appropriate in these circumstances:
- There shall be a TEN (10) day suspension of liquor licence # 0800810 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.
Dated at Windsor this 21st day of 2007.
Anthony Barile Brad Alton, Counsel for the Counsel for the Licence Holder Registrar of the AGCO
Angela Diva Lepera Mark James Tessier Licence Holder Licence Holder
"I have authority to bind the corporate licensee" "I have authority to bind the corporate licensee"