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-
Feven Zheghi Gafoo O/A Red Sea Village Restaurant and Sports Bar Licensee
DECISION
Panel: Eleanor Meslin, Member Decision Date: June 12, 2007 Hearing Location: Toronto, Ontario
Appearances
Registrar, Alcohol and Gaming Commission ) Sujin Chan, Representative Feven Zheghi Gafoo, Licensee ) Emmanuel Debass, Representative
1A hearing into a Notice of Proposal dated February 20, 2007, to suspend the liquor licence issued to Feven Zheghi Gafoo for premises operating as Red Sea Village Restaurant and Sports Bar, 945-B Bloor Street West, Toronto, Ontario, M6H 1L5, licence number 800787 (the Licence) on the basis of alleged violations of subsections 25(1) and section 29 of Ontario Revised Regulation 719/90 (O. Reg.) made pursuant to the Liquor Licence Act (LLA), was held on June 8, 2007, in the City of Toronto.
2Sujin Chan, Registrar’s Representative, and Emmanuel Debass, 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 January 7, 2007, at 3:17 a.m., patrons were still served liquor in the licensed premises.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 25(1) of the O. Reg. The Board accepted the withdrawal of the remaining allegations.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to Feven Zheghi Gafoo for premises operating as Red Sea Village Restaurant and Sports Bar, 945-B Bloor Street West, Toronto, Ontario, M6H 1L5, licence number 800787, be suspended for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on September 1, 2007, and CONTINUE until 2:00 a.m. on September 8, 2007.
DATED AT TORONTO THIS 12^th^ DAY OF JUNE, 2007.
___________________________________
ELEANOR MESLIN, BOARD MEMBER
EM/rb
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF
FEVEN ZHEGHI GAFOO OPERATING AS RED SEA VILLAGE RESTAURANT AND SPORTS BAR, 945-B BLOOR STREET WEST, TORONTO, LICENCE NUMBER 800787
AGREED STATEMENT OF FACTS
The Licence holder, having consulted and agent, and Registrar’s Agent agree to the following:
On January 7, 2007, at 3:17 a.m. patrons were still served liquor in the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to a violation of subsection 25(1) [service outside hours] of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has expressed remorse and taken steps to ensure this does not recur.
5The licence holder has no prior record of disciplinary action with the Commission.
JOINT SUBMISSION ON DISPOSITION
The Licence holder, having consulted with an agent, and Registrar’s Agent submit that the following disposition is appropriate in these circumstances:
A SEVEN (7) day suspension of the liquor licence to commence at 11:00 a.m. on September 1, 2007, and to end at 2:00 a.m. September 8, 2007.
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 14989 dated February 20^th^, 2007.
Dated at Toronto this 8^th^ day of June, 2007.
____________________________ _____________________________
Emmanuel Debass Sujin Chan
Agent for the Licence Holder Agent for the Registrar
“I have authority to bind the licence holder”