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-
Astier Nagash O/A Oakwood Cafe
Licensee
DECISION
Panel: Alex McCauley, Member Guy Maurice, Member
Decision Date: July 10, 2007
Hearing Location: Toronto, Ontario
Appearances
Registrar, Alcohol and Gaming Commission ) Brad Alton, Representative
Astier Nagash, Licensee ) Philip Klumak, Representative
A hearing into a Notice of Proposal dated January 12, 2007, to suspend the liquor licence issued to Astier Nagash for premises operating as Oakwood Café, 359 Oakwood Avenue, Toronto, Ontario, M6E 2W1, licence number 25679 (the Licence) on the basis of alleged violations of subsections 45(1) and 45(2) of the Liquor Licence Act (LLA), was held on June 25, 2007, in the City of Toronto.
Brad Alton, Registrar’s Representative, and Philip Klumak, Licensee’s Representative 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 September 9, 2006, police officers were physically prevented from conducting their inspection of the premises by the Licence Holder and an employee of the establishment.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the LLA. The Board accepted the withdrawal of the remaining allegation.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued Astier Nagash for premises operating as Oakwood Café, 359 Oakwood Avenue, Toronto, Ontario, M6E 2W1, licence number 25679, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on August 3, 2007, and CONTINUE until 2:00 a.m. on August 13, 2007.
DATED AT TORONTO THIS 10th DAY OF JULY, 2007.
ALEX McCAULEY, BOARD MEMBER GUY MAURICE, BOARD MEMBER
AM/rb
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF
ASTIER NAGASH, OPERATING AS OAKWOOD CAFÉ,
359 OAKWOOD AVENUE, CITY OF YORK, TORONTO,
LICENCE NUMBER 0025679
NOTICE OF PROPOSAL NUMBER 14851
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 Suspend a Licence dated January 12, 2007:
On September 09, 2006, police officers were physically prevented from conducting their inspection of the premises by the Licence Holder and an employee of the establishment.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of subsection 45(1) of the Liquor Licence Act.
AND IN THE MATTER OF THE LIQUOR LICENCE OF
ASTIER NAGASH, OPERATING AS OAKWOOD CAFÉ,
359 OAKWOOD AVENUE, CITY OF YORK, TORONTO,
LICENCE NUMBER 0025679
NOTICE OF PROPOSAL NUMBER 14851
Joint Submission Regarding 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 Suspend a Licence, is appropriate in these circumstances:
There shall be a TEN (10) day suspension of liquor licence #25679 to be served consecutively within NINETY (90) days to 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.
Should the Board members make the findings as agreed to and impose the disposition as submitted, then the Registrar with withdraw the remaining allegation in the Notice of Proposal of January 12, 2007.
Dated this 25th day of June, 2007.
Philip Klumak Brad Alton, Counsel for the
Counsel for the Licence Holder Registrar of the AGCO
Astier Negash
Licence Holder