ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The : Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission Ontario Registrar
-and-
Mario’s Company Inc. O/A Mario’s Bros Restaurant Licensee
DECISION
Panel: Guy Maurice, Member
Decision Date: May 25, 2007
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone (416) 326-0366 Fax (416) 326-5566 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Richard Kulis, Representative Mario’s Company Inc., Licensee ) Adul Khaled Amin, on his own ) behalf
Allegations
- A hearing into a Notice of Proposal dated December 20, 2006 to suspend liquor license number 24820, Mario’s Company Inc. operating as MARIO’S BROS RESTAURANT, 1890 Weston Road, Toronto, Ontario, M9N 1W1, on the basis of alleged violation of subsection 45(1) of Ontario Regulation (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”), was held on May 17, 2007 in the City of Toronto.
Decision
- After considering all the evidence and submissions the Board finds the Licensee violated subsection 45(1) of the O.Reg. Reasons follow.
Preliminary Matters
- Adul Khaled Amin is one of the three shareholders, officers, and directors of the Licensee. He appeared on behalf of the Licensee and waived the right to be represented by a barrister and solicitor.
Registrar’s Evidence
The Board heard evidence from Jason Albanese a Toronto Police officer for 7 years. He informed the Board that on October 19, 2006 he and his partner, Joe Kaszyka, proceeded to Mario Bros restaurant where he found a white patron who appeared to be under the influence of alcohol swaying on a bar stool with a glass of beer before him. The patron had slurred words and was unable to comprehend the conversation that took place. He maintained that he was not drunk. Mr. Amin, who was in attendance, advised that the patron had consumed 5-6 beers. The officer observed his partner at the bar interviewing a patron who appeared very intoxicated, had a strong odour of alcohol, and displayed all symptoms of an intoxicated person. The patron could not speak, did not know his address and struggled with his name. His problems appeared to be caused by intoxication rather than a mental disability. The officer testified that Mr. Amin was very co-operative. He informed Mr. Amin that charges would be laid and they would return later.
Mr. Amin had no questions of the Officer.
Officer Joe Kaszyka testified that he was familiar with the establishment known as Mario’s Bros. Restaurant and had attended the premises with Officer Abanese and an AGCO Inspector on October 19, 2006. They entered from the back entrance. There were 6 to 8 patrons, two of whom seemed heavily intoxicated. He focused on the patron at the bar and observed 2 glasses of beer plus 2 bottles of Labatt’s Blue beer in front of him. The patron was leaning forward, was unable to provide his name, had a strong odour of alcohol, had glassy eyes and it was very difficult to obtain information from him. He was confident that the person was heavily intoxicated and he behaviour was not the result of a mental disorder. At this point Mr. Amin removed the beer from the patron.
Mr. Amin had no questions of the Officer.
Amanda Higuera, an Inspector with the AGCO, testified that she is familiar with the establishment and was in attendance on October 19, 2006. Upon entering the premises her attention was drawn to a patron who displayed all symptoms of an intoxicated person. She observed glasses of beer and beer bottles before him. That Mr. Amin removed the beer from the patron did not change her opinion that the person was intoxicated. Mr. Amin had no questions for the Inspector.
Licensee’s Evidence
Lisa Stathatos, an employee of the establishment, advised the Board that the patron lives 2-3 doors from the restaurant and is a regular customer. She stated that the patron is on disability, has a split personality, and drinks every day. He is on medication and his language is not very good.
Mr. Kulis asked the witness how she was aware the patron is on medication. She replied that the community says something one day and something else the next day. Asked whether the patron drinks at other establishments, Ms. Stathatos replied that, he is not allowed in other restaurants. She confirmed that, despite all she knows about the patron, she and others continue to serve him alcohol.
Mr. Amin informed the Board that he is part owner of the restaurant. He testified that the patron was not intoxicated but suffered from mental problems and is on medication. He has never seen the medication. He stated that the man acts funny and makes strange noises.
Registrar’s Submissions
- In his submissions Mr. Kulis states that on the basis of all the evidence of the officers that all symptoms of intoxication were there. That the patron was found leaning on the bar, that alcohol was clearly visible in front of him and that he was very intoxicated from alcohol consumption. On the balance of probabilities there was a breach of subsection 45(1) of the LLA. The Registrar filed 3 previous suspensions of licence for the same establishment identified as Exhibits 1 to 3.
Licensee’s Submissions
- Mr. Amin had no submissions.
Reasons
- After considering all the evidence, the Board is satisfied, on a balance of probabilities, that a breach of subsection 45(1) of the O.Reg. occurred. The Board considered the appropriate penalty and provided its oral decision imposing a fifteen (15) day suspension at the hearing. The licensee was directed to provide proposed suspension dates to the Hearings Department within seven (7) days of the hearing date.
Order
- The Board received and approved the proposed suspension dates. The liquor licence issued to Mario’s Company Inc. operating as MARIO’S BROS RESTAURANT, 1890 Weston Road, Toronto, Ontario, M9N 1W1, licence number 24820, is SUSPENDED for fifteen (15) consecutive days to COMMENCE at 11:00 a.m. on June 10, 2007 and CONTINUE until 2:00 a.m. on June 25, 2007.
DATED AT TORONTO THIS 25^TH^ DAY OF MAY, 2007
GUY MAURICE, BOARD MEMBER
GM/sm