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-
Mohammad Ibrahim O/A Ocean Sports Bar and Grill Licensee
DECISION
Panel: Eleanor Meslin, Board Member Bruce Monteith, Board Member
Decision Date: August 21, 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.gov.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Bryna Kaplan, Representative Mohammad Ibrahim, Licensee ) on his own behalf
A hearing into a Notice of Proposal dated June 4, 2007 to suspend a licence and to add a condition to liquor license number 810566 issued to Mohammad Ibrahim operating as OCEAN SPORTS BAR AND GRILL, 1992 Danforth Avenue, Toronto, Ontario, M4C 1J6 on the basis of alleged violation of section 29 of Ontario Regulation 719/90 (the "O.Reg") made pursuant to the Liquor Licence Act (LLA) and a Supplementary Notice of Proposal dated July 11, 2007 to suspend the Licence on the basis of alleged violation of subsection 25(1) of the O.Reg, was held on August 20, 2007 in the City of Toronto.
Mohammad Ibrahim is the owner of the Licensee. He appeared on his own behalf and waived the right to be represented by a barrister and solicitor.
Bryna Kaplan and Mohammad Ibrahim 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 March 15, 2007, at approximately 2:50 a.m., and on May 5, 2007 at approximately 3:12 a.m., people were still consuming liquor in the licensed premises.
- Based 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 allegation and the request to add a condition.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Mohammad Ibrahim operating as OCEAN SPORTS BAR AND GRILL, 1992 Danforth Avenue, Toronto, Ontario, M4C 1J6, be SUSPENDED for TWENTY-ONE (21) consecutive days to COMMENCE at 11:00 a.m. on September 4, 2007 and CONTINUE until 2:00 a.m. on September 25, 2007.
DATED AT TORONTO THIS 21^st^ DAY OF AUGUST, 2007.
BRUCE MONTEITH, BOARD MEMBER ELEANOR MESLIN, BOARD MEMBER
BM/sm
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT R.S.O. 1990,c.L.19,s.
AND IN THE MATTER OF THE LIQUOR LICENCE OF MOHAMMAD IBRAHIM OPERATING AS OCEAN SPORTS BAR & GRILL, 1992 DANFORTH AVENUE, TORONTO LICENCE NO. 810566
AGREED STATEMENT OF FACTS
The Licensee, having been advised of his right to Legal Counsel and having waived that right, and Registrar's Counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence and to Add a condition to the Licence dated June 4, 2007 and the Supplementary Notice of Proposal to Suspend a Licence dated July 11, 2007:
On March 15, 2007, at approximately 2:50 a.m., and on May 5, 2007 at approximately 3:12 a.m., people were still consuming liquor in the licensed premises.
Based upon the above-admitted facts, the licence holder admits to a violation of subsection 25(1) of Revised Regulation 719/90 under the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
Whereas the licensee served a 14 day suspension in January 2006 and a 17 day suspension in November 2006;
The Licensee, having been advised of his right to Legal Counsel and having waived that right, 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 810566 to be served consecutively.
Should the Board make the findings as set out in the Agreed Statement of Facts and impose the disciplinary action as proposed above, the Registrar shall withdraw the remaining allegation contained in the aforementioned Notices of Proposal.
Respectfully submitted this 20 day of August, 2007.
Mohammad Ibrahim Bryna Kaplan Licence Holder Counsel to the Registrar, AGCO