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-
Athina (Tina) Skiadopoulos O/A Landmark Restaurant Licensee
DECISION
Panel: David C. Gavsie, Chair Guy Maurice, Member
Decision Date: June 18, 2007
Hearing Location: Toronto, Ontario
Appearances
Registrar, Alcohol and Gaming Commission ) Sujin Chan, Representative Athina (Tina) Skiadopoulos, Licensee ) Jim Koumarelas, Representative
[1]. A hearing into a Notice of Proposal dated March 7, 2007 to suspend the liquor licence, and a Supplementary Notice of Proposal dated May 7, 2007, to suspend the liquor licence issued to Athina (Tina) Skiadopoulos for premises operating as LANDMARK RESTAURANT, 1839 Eglinton Avenue West, Toronto, Ontario, M6E 2J3, licence number 23615 (the Licence) on the basis of alleged violations of subsections 25(1), 34(1), 45(1) and section 49 of Ontario Revised Regulation 719/90 (O. Reg) made pursuant to the Liquor Licence Act (LLA), was held on May 31, 2007, in the City of Toronto.
[2]. Sujin Chan and Jim Koumarelas, 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 December 5, 2006, one drunken patron was in the licensed premises. Two patrons removed their bottles of beer to an unlicensed area. On February 9, 2007, patrons were consuming liquor in an unlicensed area. On March 4, 2007, at 10:40 a.m. liquor had already been served in the licensed premises.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 25(1), 34(1) and 45(1) of the O. Reg. The Board accepted the withdrawal of the remaining allegation.
Order
[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to Athina (Tina) Skiadopoulos for premises operating as LANDMARK RESTAURANT, 1839 Eglinton Avenue West, Toronto, Ontario, M6E 2J3, licence number 23615, be suspended for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on August 13, 2007, and CONTINUE until 2:00 a.m. on August 23, 2007.
DATED AT TORONTO THIS 18^th^ DAY OF JUNE, 2007.
DAVID C. GAVSIE, CHAIR GUY MAURICE, BOARD MEMBER
DCG/rb
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF
ATHINA (TINA) SKIADOPOULOS OPERATING AS LANDMARK RESTAURANT, 1839 EGMINTON AVENUE WEST YORK, TORONTO LICENCE NUMBER 0023615
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel, and Registrar’s Agent agree to the following:
On December 5, 2006, one drunken patron was in the licensed premises. Two patrons removed their bottles of beer to an unlicensed area. On February 9, 2007, patrons were consuming liquor in an unlicensed area. On March 4, 2007, at 10:40 a.m. liquor had already been served in the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to violations of subsections 45(1) [permitting drunkenness], 34(1) [permit removal of liquor] and 25(1) [sale and service outside hours] of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has no prior record of disciplinary action with the Commission.
JOINT SUBMISSION REGARDING DISPOSITION
The Licence Holder, having consulted legal counsel, and Registrar’s Agent submit that the following disposition is appropriate in these circumstances:
A ten (10) day suspension of the liquor licence.
Should the Board accept this Agreed Statement of Facts and order the Joint Submission on Disposition as set out herein, then the Registrar shall withdraw all remaining allegations as set out in the Notice of Proposal number 15013 dated March 7^th^, 2007, and the Supplementary Notice of Proposal dated May 7^th^, 2007.
Dated in Toronto this 31^st^ day of May, 2007.
Athina (Tina) Skiadopoulos Sujin Chan Licence Holder Agent for the Registrar
Jim Koumarelas Counsel for the Licence Holder