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-
Tony Youssef O/A Village Café
Licensee
DECISION
Panel: Guy Maurice, Member
Decision Date: May 31, 2007
Hearing Location: Toronto, Ontario via teleconference
Appearances
Registrar, Alcohol and Gaming Commission ) Brad Alton, Representative
Tony Youssef, Licensee ) Tony Youssef, on his own behalf
A hearing via teleconference into a Notice of Proposal dated January 3, 2007, to suspend liquor license number 811022 (the Licence) issued to Tony Youssef, operating as Village Café, 4 Wellington Street, Leamington, Ontario, N8H 4P9, on the basis of alleged violations of subsection 45(1) and 45(2) of Ontario Regulation 719/90 (O. Reg.) made pursuant to the Liquor Licence Act (LLA) was held on May 18, 2007, via teleconference in the City of Toronto.
Tony Youssef is the Licensee. He appeared on his own behalf and waived the right to be represented by a barrister and solicitor.
Brad Alton, Registrar’s Representative, and the Licensee 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:
(a) Illegal gaming machines were found in the licensed premises on May 17, 2005, August 18 and 23, 2005, and September 22, 2005.
(b) On September 22, 2005, police officers found marijuana in the licensed premises which belonged to an employee of the establishment.
- Based on the Agreed Statement of Facts, the Board the Board found the Licensee breached subsections 45(1) and 45(2) of the O. Reg.
Order
Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Tony Youssef, for premises operating as Village Café, 4 Wellington Street, Leamington, Ontario, N8H 4P9, licence number 811022, be SUSPENDED for EIGHTEEN (18) consecutive days to COMMENCE at 11:00 a.m. on August 6, 2007, and CONTINUE until 2:00 a.m. on August 24, 2007.
Further, the Board ORDERS the following condition be added to the licence on consent of the Licensee:
“Video gaming, video gambling machines and other similar machines are not permitted in the licensed premises.”
DATED AT TORONTO THIS 31st DAY OF MAY, 2007.
GUY MAURICE, MEMBER
Attached
GM/rb
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF
TONY YOUSSEF, OPERATING AS
VILLAGE CAFÉ
4 WELLINGTON STREET, LEMAINGTON
LICENCE NUMBER 811022
NOTICE OF PROPOSAL NUMBER 14823
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 03, 2007:
Illegal gaming machines were found in the licensed premises on May 17, 2005, August 18 and 23, 2005, and September 22, 2005.
Based on the facts in paragraph 1, the Licence Holder admits to violations of ss. 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
On September 22, 2005, police officers found marijuana in the licensed premises which belonged to an employee of the establishment.
Based on the facts in paragraph 3, the Licence Holder admits to a violation of ss. 45(2) of Ontario Regulation 719/90 under the Liquor Licence Act.
The Licence Holder has no prior adverse record with the Commission.
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF
TONY YOUSSEF, OPERATING AS
VILLAGE CAFÉ
4 WELLINGTON STREET, LEMAINGTON
LICENCE NUMBER 811022
NOTICE OF PROPOSAL NUMBER 14823
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 having declined that right, and agreed to proceed without legal counsel, and Registrar’s Counsel submit that the following disposition is appropriate in these circumstances:
There shall be an EIGHTEEN (18) day suspension of liquor licence number 811022 to be served consecutively on dates to be provided, in writing to the Manager of Hearings within SEVEN (7) days of the date this Joint Submission is heard and approved by the Board, failing which dates shall be imposed by the Board without further consultation with the Licensee. Furthermore, the Licensee is aware that the proposed suspension cannot start within 20 days of the date of acceptance by the Board.
The Licensee consents to the following condition being addition to liquor licence number 811022:
“Video gaming, video gambling machines and other similar machines are not permitted in the licensed premises.”
- Should the Board members make the findings as agreed to and impose the disposition as submitted, then Registrar’s Counsel will withdraw the remaining allegation(s) in the Notice of Proposal of January 03, 2007.
Dated this 10 day of May, 2007.
Tony Youssef Brad Alton, Counsel for the
Licence Holder Registrar of the AGCO