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-
Ayodeji Jones Fajuyigbe O/A Aso Rock Restaurant
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair
David C. Gavsie, Chair
Decision Date: September 19, 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 Toll Free In Ontario: 1-800-522-2876
Fax: (416) 326-5566
Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Bryna Kaplan, Representative
Ayodeji Jones Fajuyigbe, Licensee ) Andrew Czernik, Representative
1. A hearing into Notice of Proposal number 14873 dated January 23, 2007 to suspend liquor license number 800594 issued to Ayodeji Jones Fajuyigbe, operating as Aso Rock Restaurant, 1552 Jane Street, Downsview, North York, Ontario, M9N 2R5 on the basis of alleged violations of subsection 5(1) of the Liquor Licence Act (LLA) and subsection 34(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA, and Supplementary Notice of Proposal number 15264 dated May 17, 2007 to suspend the Licence on the basis of alleged violations of section 52 and subsections 20(1), 45(1), and 45(2) of the O. Reg was held on September 17, 2007 in the City of Toronto.
2. Bryna Kaplan, Registrar’s Representative, and Andrew Czernik, Licensee’s Representative, submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision. Further, on agreement of the parties and accepted by the Board, an allegation of a violation of subsection 53(1) of the O. Reg arising on May 4, 2007, was included in the matters before the Board. It was agreed and admitted that:
On November 9, 2006, January 21, 2007 (the Supplementary Notice of Proposal in error, cites February 21, 2007) and February 16, 2007, patrons were found consuming liquor in the unlicensed basement of the establishment.
On February 16, 2007, a female patron was exhibiting various signs of intoxication in the licensed premises.
On January 21, 2007 and May 4, 2007, the liquor licence was not posted in the licensed premises and the liquor menu did not specify portion sizes.
3. Based on the Agreed Statement of Facts, the Board found the Licensee breached section 52 and subsections 34(1), 45(1) and 53(1) of the O. Reg. The Board accepted the withdrawal of the remaining allegations.
Order
4. Therefore, having considered the Joint Submission on Disposition and submissions from the parties, the Board confirms its oral ORDER that the liquor licence issued to Ayodeji Jones Fajuyigbe, operating as Aso Rock Restaurant, 1552 Jane Street, Downsview, North York, Ontario, M9N 2R5, be SUSPENDED for SIXTEEN (16) consecutive days to COMMENCE at 11:00 a.m. on December 8, 2007, and CONTINUE until 2:00 a.m. on December 24, 2007.
DATED AT TORONTO THIS 19th DAY OF September, 2007.
PATRICIA MCQUAID, VICE-CHAIR DAVID C. GAVSIE, CHAIR
PM/ee
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, c. L.19, s 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF
AYODEJI JONES FAJUYIGBE, OPERATING AS
ASO ROCK RESTAURANT,
1552 JANE STREET, DOWNSVIEW, NORTH YORK
LICENCE NO. 800594
AGREED STATEMENT OF FACTS
The Licensee, through his Legal Counsel and Registrar’s Counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated January 23, 2007 and the Supplementary Notice of Proposal to Suspend a Licence dated May 17, 2007:
On November 9, 2006, January 21, 2007 and February 16, 2007, patrons were found consuming liquor in the unlicensed basement of the establishment.
On February 16, 2007, a female patron was exhibiting various signs of intoxication in the licensed premises.
On January 21, 2007 and May 4, 2007, the liquor licence was not posted in the licensed premises and the liquor menu did not specify portion sizes.
Based upon the above-admitted facts, the licence holder admits to violations of subsections 3491), 45(1) 52 and 53(1) of Revised Regulation 719/90 under the Liquor Licence Act.
The Licence Holder has no prior adverse record with the Commission.
JOINT SUBMISSION ON DISPOSITION
Whereas the licensee has no prior adverse record with the Commission;
The Licence Holder, through his Legal Counsel, and Registrar’s Counsel, jointly submit that the following disposition is appropriate in these circumstances:
a sixteen (16) day suspension of liquor licence number 800594 to be served 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 with the Licence Holder.
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 17th day of September, 2007.
Andrew Czernik Bryna Kaplan
Counsel to the Licence Holder Counsel for the Registrar, AGCO
Ayodeji Jones Fajuyigbe
Licence Holder