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-
Konstantinos Gus Sabalis O/A In the Alley Bar Café Licence Number: 807522 Licensee
DECISION
Panel: Guy Maurice, Board Member Decision Date: August 10, 2007 Hearing Location: Windsor, 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.gov.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Brad Alton, Representative Konstantinos Gus Sabalis, Licensee ) Paul Robson, Representative
A hearing into a Notice of Proposal dated April 12, 2007 to suspend a license and add a condition to liquor licence number 807522 (the Licence) issued to Konstantinos Gus Sabalis operating as In the Alley Bar Café, 1850 Wyandotte St. E., Windsor, Ontario, N8Y 1E3, on the basis of alleged violations of section 29 and subsections 25(1) and 45(1) of Ontario Regulation 719/90 (O.Reg) made pursuant to the LLA, was held on July 17, 2007 in the City of Windsor.
Brad Alton, Registrar’s Representative, and Paul Robson, 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:
i) An inspection on February 17, 2007, found the person in charge of the establishment to be intoxicated.
ii) An inspection on February 17, 2007, found that the signs of service and consumption of liquor had not been cleared until 3:05 a.m.
Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 and subsection 45(1) of O. Reg. The Board accepted the withdrawal by the Registrar of the remaining allegation and the proposal to add a condition to the licence.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Konstantinos Gus Sabalis for premises operating as In the Alley Bar Café, 1850 Wyandotte St. E., Windsor, Ontario, N8Y 1E3, licence number 807522, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on August 22, 2007 and CONTINUE until 2:00 a.m. on September 1, 2007.
DATED AT TORONTO THIS 10^th^ DAY OF AUGUST, 2007.
GUY MAURICE, BOARD MEMBER GM/mw
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF KONSTANTINOS GUS SABALIS, OPERATING AS IN THE ALLEY BAR CAFÉ 1850 WYANDOTTE STREET EAST, WINDSOR LICENCE NUMBER 807522 NOTICE OF PROPOSAL NUMBER 15138
AGREED STATEMENT OF FACTS
The Licence Holder, who is not represented by legal counsel, but who has been advised of the licence holder’s right to legal counsel and having declined that right and agreed to proceed without legal counsel, and Registrar’s Counsel agree to the following with respect to the Notice of Proposal to Suspend a Licence dated April 12, 2007:
An inspection on February 17, 2007, found the person in charge of the establishment to be intoxicated.
Based on the facts in paragraph 1, the Licence Holder and Transfer Applicant admit to a violation oaf subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
An inspection on February 17, 2007, found that the signs of service and consumption of liquor had not been cleared until 3:05 a.m.
Based on the facts I paragraph 3, the Licence Holder and Transfer Applicant admit to a violation of section 29 of Ontario Regulation 719/90 under the Liquor Licence Act.
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF KONSTANTINOS GUS SABALIS, OPERATING AS IN THE ALLEY BAR CAFÉ 1850 WYANDOTTE STREET EAST, WINDSOR LICENCE NUMBER 807522 NOTICE OF PROPOSAL NUMBER 15138
JOINT SUBMISSION ON DISPOSITION
The Licence Holder and Registrar’s Counsel agree that the following disposition is appropriate in these circumstances;
There shall be a TEN (10) day suspension of liquor licence #807522 to be served consecutively within NINETY (90) days of today’s date, on dates to be provided in writing to the Manager of Hearings within SEVEN (7) days of today’s date, failing which dates shall be imposed by the Board without further consultation with the Licensee. The Licensee is aware that the proposed suspension cannot start within 20 days of today’s date.
Should the Board members make the findings as agreed to and impose the disposition as submitted, then the Registrar will withdraw the remaining allegation(s), if any, in the Notice of Proposal dated April 12, 2007. This includes the withdrawal of the imposition of the early closing condition.
Dated at Windsor this 17^th^ day of July, 2007.
Paul Andrew Robson Brad Alton, Counsel for the Transfer Applicant Registrar of the AGCO
“I have the authority to bind the licensee”