Alcohol & Gaming Commission of Ontario
LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: PAMUKKALE CAFE 1675 St. Clair Avenue West Toronto, Ontario M6N 1H9
Licensee: Ali Kaya Licence Number: 806936
Notice of Proposal: To REVOKE a licence Dated: July 26, 2006
The Proposal alleges that:
(a) Pursuant to section 6(2)(d) of the Liquor Licence Act (the "LLA"), the past/present conduct of the applicant (or if a corporation) or its officers or directors, or a shareholder who owns or controls 10% or more of its equity shares, or a person having beneficial interest in the business, or a person having responsibility for the management or operation of the business affords reasonable grounds for belief that its business will not be carried on in accordance with the law and with integrity and honesty;
(b) Contrary to subsection 45(1) of Ontario Regulation 719/90, (the O. Reg.") under the LLA, 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.
(c) Contrary to subsection 31(1)(b) of the O. Reg. under the LLA, the licence holder kept for sale liquor not purchased from a government store.
(d) Contrary to subsection 31(1)(c) of the O. Reg. under the LLA, the licence holder kept for sale liquor not purchased under the licence.
(e) Contrary to section 33(1) of the O. Reg. under the LLA, the licence holder permitted liquor other than liquor purchased by the licence holder under the licence from a government store to be brought onto the licensed premises or the liquor and food preparation area and storage areas.
Hearing: Alcohol & Gaming Commission of Ontario 90 Sheppard Avenue East, 3rd Floor Toronto, Ontario M2N 0A4 February 21, 2007
Presiding
Board Members: David C. Gavsie, Chair Kirsti Hunt, Vice Chair
Counsel for the Registrar: Bryna Kaplan Counsel for the Licensee: John Weisdorf
Attendance: Mr. Memduk Chimen, translator for Mr. Ali Kaya Det. Cst. Rodney Damaso, Toronto Police Service Det. Ron Thorne, Toronto Police Service Cst. Ryan Mackenzie, Toronto Police Service Cst. Paul Belanger, Toronto Police Service Mr. Ali Kaya, licensee Blaine Bray, witness
Exhibits: #1 - Statement of Mr. Blaine Bray taken by Cst. Ryan Mackenzie #2 - Statement of Ms. Fushun Li taken by Cst. Paul Belanger
DECISION ON SANCTION
The Board of the Alcohol and Gaming Commission of Ontario ("AGCO") held a hearing on February 21, 2007, pursuant to a Notice of Proposal dated July 26, 2006, to revoke licence number 806936 issued to Ali Kaya operating as Pamukkale Café, 1675 St. Clair Avenue West, Toronto, Ontario, M6N 1H6.
The Board made findings of breaches of subsections 33(1) of the O. Reg. for illegal liquor on premises and 45(1) of the O. Reg. for permitting drunkenness and disorderly conduct and asked counsels for submissions on sanction.
The Board reviewed the submissions received and notes that the parties essentially agreed to a lengthy suspension rather than a revocation of the licence. The Licensee agreed to a suspension of up to 60 days and Registrar accepted a 60 day suspension as consented to by the licensee.
The Board accepts the agreement to a lengthy suspension, and a lengthy suspension is warranted due to the seriousness of the events of April 1, 2006, and the fact that it was the licensee himself who was responsible for the breaches. In assessing the length of that suspension, the Board notes that the licensee had no prior record of suspensions but the present breaches occurred in the first six months that this licensee was operating. The Board acknowledges that new licensees often do make mistakes but are expected to learn from those mistakes in order to operate in future within the dictates of the LLA and regulations.
Therefore, the Board finds that in the circumstances of this particular case and as a specific and as a general deterrence, a 50-day suspension of the licence is appropriate.
Therefore, the Board hereby ORDERS that licence number 806936 issued to Ali Kaya operating as Pamukkale Café, 1675 St Clair Ave. West, Toronto, Ontario, M6N 1H6, be SUSPENDED for a period of FIFTY (50) consecutive days.
The suspension dates are to be submitted in writing to the Manager of Hearings section of the Alcohol & Gaming Commission of Ontario, 90 Sheppard Avenue East, Suite 200, Toronto, Ontario, M2N 0A4, facsimile 416-326-5566 within seven (7) days of today's date, failing which the Board shall set the dates for suspension without further notice to the licence holder. The suspension shall not commence for at least 20 days after the date of this decision, shall be completed within 90 days of the date of this decision, and shall be completed on days that the establishment is normally operating.
DATED AT TORONTO THIS 22nd DAY OF MAY, 2007.
______________________________ ________________________________ KIRSTI HUNT, VICE CHAIR DAVID C. GAVSIE, CHAIR
KH/rb