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-
ODA Restaurant Bar & Grill Inc.
O/A
ODA Restaurant Bar & Grill
Licensee
DECISION
Panel: Beryl Ford, Board Member Allan Higdon, Board Member
Decision Date: October 24, 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
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Appearances
Registrar, Alcohol and Gaming Commission ) Phillip Morris, Representative ODA Restaurant Bar & Grill Inc., Licensee ) Milosao Shpiragu
A hearing into Notice of Proposal number 15000 dated March 5, 2007 and Supplementary Notice of Proposal number 15324 dated June 4, 2007 to suspend liquor license number 21517 issued to ODA Restaurant Bar & Grill Inc., operating as ODA Restaurant Bar & Grill, 1788 Weston Road, City of York, Toronto, Ontario, M9N 1V8 on the basis of alleged violations of section 52 and subsection 44(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liqour Licence Act (LLA), and Notice of Proposal number 15155 dated April 19, 2007 to refuse to remove a condition on the licence, was held on October 15, 2007 in the City of Toronto.
Milosao Shpiragu is the shareholder, officer and director of the Licensee. He appeared on behalf of the licensee and waived the right to be represented by a barrister and solicitor.
Phillip Morris, Registrar’s Representative, and the Licensee 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 October 21, 2006, an unauthorized person obtained and consumed liquor behind the bar. The licensee has made improvements to the premises and operations which permit partial removal of the no minors condition which was imposed in 2001.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 44(1) of the O. Reg. The Board accepted the withdrawal of the remaining allegation.
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Order
Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to ODA Restaurant Bar & Grill Inc., operating as ODA Restaurant Bar & Grill, 1788 Weston Road, City of York, Toronto, Ontario, M9N 1V8, licence number 21517, be SUSPENDED for THREE (3) consecutive days to COMMENCE at 11:00 a.m. on January 5, 2008, and CONTINUE until 2:00 a.m. on January 8, 2008.
Further, the Board orders that the condition on the licence shall be amended to read:
“No person under the age of 19 years shall be permitted in the licensed premises after 9:30 p.m.”
DATED AT TORONTO THIS 24th DAY OF October, 2007.
BERYL FORD, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER
BF/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 ODA RESTAURANT BAR & GRILL INC. OPERATING AS ODA RESTAURANT BAR & GRILL, 1788 WESTON ROAD, CITY OF YORK, TORONTO LICENCE NO. 21517
AND IN THE MATTER OF A NOTICES OF PROPOSAL ISSUED MARCH 5, 2007, APRIL 19, 2007 AND JUNE 4, 2007
AGREED STATEMENT OF FACTS
The licensee, after having been advised of the right to counsel and having waived that right, and the Registrar agree to the following facts:
On October 21, 2006, an unauthorized person obtained and consumed liquor behind the bar. The licensee has made improvements to the premises and operations which permit partial removal of the no minors condition which was imposed in 2001.
Based on paragraph 1, the licensee breached s. 44(1) of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission.
The licensee was previously suspended for 10 days in 2001.
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JOINT SUBMISSION ON DISPOSITION
The licensee, having been advised of the right to counsel and having waived that right, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 21517 for a period of 3 days.
The condition on the licence shall be amended to read: “No person under the age of 19 years shall be permitted in the licensed premises after 9:30 p.m.”
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 15TH DAY OF OCTOBER, 2007.
RESPECTFULLY SUBMITTED,
Milosao (Milo) Shpiragu Phillip Morris for Registrar’s Counsel licensee