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-
1568480 Ontario Limited O/A Opa Restaurant and Cafe
Licensee
DECISION
Panel: Guy Maurice, Member
Decision Date: June 6, 2007
Hearing Location: Kitchener, 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:agco.gov.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Sujin Chan, Representative
1568480 Ontario Limited, Licensee ) Afxentios (Alex) Ioannou, on ) behalf of the Corporation
The Application
A hearing into a Notice of Proposal dated to February 19, 2007 to suspend a licence and an Amended Notice of Proposal dated May 7, 2007 to suspend liquor licence number 810576 (the Licence) operating as Opa Restaurant and Café, 3101 Kingsway Drive, Unit C, Kitchener, Ontario, N2C 2M5, on the basis of alleged violations of subsection 45(2) of the Liquor Licence Act (LLA) and subsections 25 (1) and 29 of Ontario Regulation 719/90 (O.Reg) made pursuant to the LLA, was held on May 23, 2007 in the City of Kitchener.
Afxentios (Alex) Charalambous Ioannou, is the owner of the Licensee. He appeared on behalf of the Corporation and waived the right to be represented by a barrister and solicitor.
Sujin Chan, Registrar’s Representative, and Mr. Ioannou submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision. It was agreed and admitted that:
On October 15, 2006 at 3:19 a.m., numerous beer bottles and glasses were not cleared from the licensed premises. Beer had been served after 2:00 a.m.
On November 11, 2006, at 2:56 a.m., patrons who entered the premises after 2:00 a.m. were consuming liquor. The person in charge did not co-operate with the inspection. Staff hid beer bottles and the person in charge advised the inspector that she would have the patrons say that no liquor had been served.
Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45 (2) of the LLA and subsections 25 (1) and 29 of O. Reg.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1568480 Ontario Limited for premises operating as Opa Restaurant and Café, 3101 Kingsway Drive, Unit C, Kitchener, Ontario, N2C 2M5, licence number 810576 be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on June 18, 2007, and CONTINUE until 2:00 a.m. on June 25, 2007.
DATED AT TORONTO THIS 6th DAY OF JUNE 2007.
GUY MAURICE, MEMBER
Attached
GM/mw
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O 1990, chapter L.19, subsections 15 (1) and 21 (1)
AND IN TH E MATTER OF THE LIQUOR LICENCE OF 1568480 ONTARIO LIMITED OPERATING AS OPA RESTAURANT AND CAFÉ,
3101 KINGSWAY DRIVE, UNIT C, KITCHENER
LICENCE NUMBER 810576
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 Agent agree to the following:
On October 15, 2006 at 3:19 a.m., numerous beer bottles and glasses were not cleared from the licensed premises. Beer had been served after 2:00 a.m.
On November 11, 2006, at 2:56 a.m., patrons who entered the premises after 2:00 a.m. were consuming liquor. The person in charge did not co-operate with the inspection. Staff hid beer bottles and the person in charge advised the inspector that she would have the patrons say that no liquor had been served.
Based on the facts in the above paragraphs, the licence holder admits to violations of section 25 (1) [sale outside prescribed hours], section 29 [failure to clear] of Ontario Regulation 719/90 under the Liquor Licence Act; and subsection 45 (2) [fail to facilitate] of the Liquor Licence Act.
The licence holder has exhibited remorse.
The licence holder has no prior record of disciplinary action with the Commission.
Joint Submission Regarding Disposition
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 has declined that right and agreed to proceed without legal counsel; and Registrar’s Agent submit that the following disposition is appropriate in these circumstances:
- A seven (7) day suspension of the liquor licence.
Dated in Toronto this 23rd of May, 2007.
Afxentios Ioannou Sujin Chan
for the licence holder Agent for the Registrar of the AGCO
“I have the authority to bind the Corporation”