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-
Ali Kaya O/A Pamukkale Café Licensee
ORDER
Panel: David C. Gavsie, Chair Kirsti Hunt, Vice Chair
Decision Date: June 13, 2007 Hearing Location: Toronto, Ontario
Appearances
Registrar, Alcohol and Gaming Commission ) Bryna Kaplan, Representative Ali Kaya, Licensee ) John Weisdorf, Representative
Allegations
1A hearing into a Notice of Proposal dated July 26, 2006, to revoke the liquor licence (the Licence) issued to Ali Kaya operating as Pamukkale Café, 1675 St. Clair Avenue West, Toronto, Ontario, M6N 1H6, licence number 806936, on the basis of alleged violations of sections 6(2)(d) of the Liquor Licence Act (LLA) and subsections 45(1), 31(1)(b), 31(1)(c) and 33(1) of Ontario Regulation 719/90 (the O. Reg.) made pursuant to the LLA, was held on February 21, 2007, in the City of Toronto.
Order
2In its decision dated April 4, 2007, the Board made findings of breaches of subsections 33(1) of the O. Reg. for illegal liquor on premises and 45(1) of the O. Reg. for permitting drunkenness and disorderly conduct and asked counsels for submissions on sanction.
3In its decision on sanction dated May 22, 2007, the Board ordered a fifty (50) day suspension of the licence and asked the Licensee to submit proposed dates for the suspension to the Manager of Hearings Section within seven days of the sanction order.
4The Licensee did not submit proposed dates. Based on information received from the Registrar, Mr. Kaya surrendered his licence, number 806936, to the Registrar on June 5, 2007.
5Given that the Board ordered suspension has not been served, it is the view of the Board that its jurisdiction in this matter has not ended and it is for the Board to decide whether to accept the surrender of the licence. That being said, given that the licence has been surrendered thereby making a suspension moot, the Board ACCEPTS the SURRENDER of licence number 806936 issued to Ali Kaya for premises operated as Pamukkale Café, 1675 St. Clair Avenue West, Toronto, Ontario, M6N 1H6.
DATED AT TORONTO THIS 13th DAY OF JUNE, 2007
KIRSTI HUNT, VICE CHAIR DAVID C. GAVSIE, CHAIR
KH/rb