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-
Sousa’s Investments Ltd. O/A 5 Star Sports Café
Licensee
DECISION
Panel: Guy Maurice, Board Member
Alex McCauley, Board Member
Decision Date: July 11, 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 ) Brad Alton, Representative
Sousa’s Investments Ltd., Licensee ) John Weisdorf, Representative
A hearing into a Notice of Proposal dated March 14, 2007 to revoke liquor license number 202242 issued to Sousa’s Investments Ltd. and operating as 5 STAR SPORTS CAFÉ, 796A Dundas Street West, Toronto, Ontario, M6J 1V1, on the basis of alleged violations of section 33(1) and subsection 25(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on June 25, 2007 in the City of Toronto.
Brad Alton and John Weisdorf 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:
An inspection on January 11, 2007, found that liquor had been served in the licensed premises by approximately 7:43 a.m.
An inspection on January 11, 2007, found a 28 pack of Molson Canadian in the establishment.
Based on the Agreed Statement of Facts, the Board found the Licensee breached section 33(1) and subsection 25(1) of O.Reg.
The Board requested that the Licensee propose suspension dates and the Licensee did not submit those suspension dates in the time frame provided.
Order
Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to Sousa’s Investments Ltd. and operating as 5 STAR SPORTS CAFÉ, 796A Dundas Street West, Toronto, Ontario, M6J 1V1, licence number 202242, be suspended for THIRTY (30) consecutive days to COMMENCE at 11:00 a.m. on August 28, 2007, and CONTINUE until 2:00 a.m. on September 27, 2007.
The Board, on consent of the Licensee, ORDERS the following conditions to be added to the licence:
The establishment shall not open prior to 11:00 a.m.
The Licensee shall maintain an unobstructed view through the windows and doors at all times whether the establishment is open or closed.
The Licensee shall keep the exterior doors of the premises unlocked at all times while patrons are in the establishment.
The Licensee’s son, Jose Sousa, is not permitted in the premises at any time.
DATED AT TORONTO THIS 11th DAY OF JULY, 2007.
GUY MAURICE, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER
Attached.
GM/sm
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990,c.L.19,subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF
SOUSA’S INVESTMENTS LTD.,
OPERATING AS 5 STAR SPORTS CAFÉ
796A DUNDAS STREET WEST, TORONTO
LICENCE NUMBER 0202242
NOTICE OF PROPOSAL NUMBER 15050
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel and Registrar’s Counsel, agree to the following with respect to the Notice of Proposal to Revoke a Licence dated March 14, 2007:
An inspection on January 11, 2007, found that liquor had been served in the licensed premises by approximately 7:43 a.m.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of subsection 25(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
An inspection on January 11, 2007, found a 28 pack of Molson Canadian in the establishment.
Based on the facts in paragraph 3, the Licence Holder admits to a violation of subsection 33(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,subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF
SOUSA’S INVESTMENTS LTD.,
OPERATING AS 5 STAR SPORTS CAFÉ
796A DUNDAS STREET WEST, TORONTO
LICENCE NUMBER 0202242
NOTICE OF PROPOSAL NUMBER 15050
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 Revoke a Licence, is appropriate in these circumstances:
There shall be a THIRTY (30) day suspension of liquor licence #202242 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 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 Licence Holder consents to the following conditions being added to liquor licence number 202242:
“The establishment shall not open prior to 11:00 a.m.
The Licensee shall maintain an unobstructed view through the windows and doors at all times whether the establishment is open or closed.
The Licensee shall keep the exterior doors of the premises unlocked at all times while patrons are in the establishment.
The Licensee’s son, Jose Sousa, is not permitted in the premises at any time.”
Dated this 25th day of June, 2007
John Weisdorf Brad Alton, Counsel for the
Counsel for the Licence Holder Registrar of the AGCO
“I have authority to bind the corporate licensee”
Roberto Sousa
Licence Holder
“I have authority to bind the corporate licensee”