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-
Paralda De Costa Simpson O/A P. Gee’s Restaurant and Bar Licensee
DECISION
Panel: Alex McCauley, Member Guy Maurice, Member
Decision Date: June 18, 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 ) Bryna Kaplan, Representative Paralda De Costa Simpson, Licensee ) Michael Taylor, Representative
A hearing into a Notice of Proposal dated December 14, 2006 to suspend a licence and to revoke the caterer’s endorsement liquor license number 804496 issued to Paralda De Costa Simpson and operating as P. GEE’S RESTAURANT AND BAR, 865 Wilson Avenue, North York, Ontario, M3K 1E6 on the basis of alleged violations of subsections 45(1), 45(2), and 17(2) of the Liquor Licence Act (“LLA”) and subsections 25(1), 34(1), 45(2), 64(1) and 64(2) and section 29 of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on May 28, 2007 in the City of Toronto.
Bryna Kaplan, Registrar’s Representative, and Michael Taylor, 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 July 8, 2006 at approximately 3:30 a.m. and on July 28, 2006 at approximately 3:00 a.m. patrons were still consuming liquor in the licensed premises.
On August 6, 2006 and on August 13, 2006, the licence holder used his Caterer’s endorsement at an off-site event. At approximately 3:00 a.m. on both occasions, patrons were still in possession of and consuming liquor. The odour of marijuana was prevalent in the licensed area.
On March 10, 2007, patrons removed liquor from the licensed area.
On May 6, 2007, the licence holder used his Caterer’s endorsement at an off-site event. At approximately 3:06 a.m., the signs of service and consumption of liquor had not yet cleared from the premises and the odour of marijuana was detected in the air.
Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 29, 34(1) and 45(2) of O.Reg including the Caterer’s Endorsement to the licence is surrendered immediately. The Board accepted the withdrawal of the remaining allegations.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to Paralda De Costa Simpson and operating as P. GREE’S RESTAURANT AND BAR, 865 Wilson Avenue, North York, Ontario, M3K 1E6, licence number 804496, be suspended for TWENTY-ONE (21) consecutive days to COMMENCE at 11:00 a.m. on August 6, 2007 and CONTINUE until 2:00 a.m. on August 27, 2007. The Caterer’s Endorsement to the Licence is surrendered immediately.
DATED AT TORONTO THIS 18th DAY OF JUNE , 2007.
GUY MAURICE, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER
GM/sm
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICNECE OF
PARALDA DE COSTA SIMPSON, FITZGERALD MILLS, OPERATING AS P. GEE’S RESTAURANT AND BAR 865 WILOSON AVE, NORTH YORK LICENCE NO. 804496
AGREED STATEMENT OF FACTS
The Licensee, having consulted with Legal Counsel, and Registrar’s Counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence and To Revoke the Caterer’s Endorsement to the Licence dated December 14, 2006:
On July 8, 2006 at approximately 3:30 a.m. and on July 28, 2006 at approximately 3:00 a.m. patrons were still consuming liquor in the licensed premises.
On August 6, 2006 and on August 13, 2006, the licence holder used his Caterer’s endorsement at an off-site event. At approximately 3:00 a.m. on both occasions, patrons were still in possession of and consuming liquor. The odour of marijuana was prevalent in the licensed area.
On March 10, 2007, patrons removed liquor from the licensed area.
On May 6, 2007, the licence holder used his Caterer’s endorsement at an off-site event. At approximately 3:06 a.m., the signs of service and consumption of liquor had not yet cleared from the premises and the odour of marijuana was detected in the air.
Based upon the above-admitted facts, the licence holder admits to violations of sections 29, 45(2) and 34(1) of Revised Regulation 719/90 under the Liquor Licence Act.
The licence holder has no prior record of suspensions by the Board.
JOINT SUBMISSION ON DISPOSITION
Whereas the licensee has no prior record of suspension with the Commission:]
The Licensee, having consulted with Legal Counsel, and Registrar’s Counsel jointly submit that the following disposition is appropriate in these circumstances:
a twenty-one (21) day suspension of liquor licence number 804496 to be serviced consecutively within ninety (90) days of today’s date, on dates to be provided to the Manager of Hearings within seven (7) days of today’s date, failing which the Board shall impose dates without further consultation wit the Licence holder.
The Caterer’s Endorsement to the licence is surrendered immediately.
Should the Board make the findings as set out in the Agreed Statement fo Facts and impose the disciplinary action as proposed above, the Registrar shall withdraw the remaining allegations contained in the Notice of Proposal dated December 14, 2006.
Respectfully submitted this 28th day of May, 2007.
_____________________________________ ___________________________________
Michael J. Taylor Bryna Kaplan Counsel to the Licence Holder Counsel to the Registrar, AGCO
Paralda De Costa Simpson Licence Holder