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-
Antonio Ribeiro and Maria De Lourdes Gorjao
O/A A Caravela Restaurant
Licensee
DECISION
Panel: Alex McCauley, Board Member
Decision Date: November 1, 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 ) Joyce Taylor, Representative
Antonio Ribeiro and Maria De Lourdes Gorjao, Licensee ) Rajesh Shah, Representative
A hearing into Notice of Proposal number 15327 dated June 7, 2007 to suspend liquor licence number 801988 issued to Antonio Ribeiro and Maria De Lourdes Gorjao operating as A Caravela Restaurant, 1516 Dundas Street West, Toronto, Ontario, M6K 1T5 on the basis of alleged violations of subsection 30.1(1) of the Liquor Licence Act (LLA) and subsections 31(1)(c), 33(1) and 53(b) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA, was held on September 27, 2007 in the City of Toronto.
Joyce Taylor, Registrar’s Representative, and Rajesh Shah, 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 December 4, 2006, a liquor inspector visited the licensed premises and found that the licensee had liquor for sale in the establishment that was purchased from a government store, but was not purchased under the liquor licence. The licensee had also failed to post the Fetal Alcohol Spectrum Disorder warning notice.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30.1(1) of the LLA and section 33 of the O. Reg. The Board accepted the withdrawal of the remaining allegations.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Antonio Ribeiro and Maria De Lourdes Gorjao operating as A Caravela Restaurant, 1516 Dundas Street West, Toronto, Ontario, M6K 1T5, licence number 801988, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on December 9, 2007, and CONTINUE until 2:00 a.m. on December 23, 2007.
DATED AT TORONTO THIS 1st DAY OF November, 2007.
ALEX MCCAULEY, BOARD MEMBER
AM/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
ANTONIO RIBEIRO AND MARIA DE LOURDES GORJAO
OPERATING AS A CARAVELA RESTAURANT,
1516 DUNDAS ST. W., TORONTO
LICENCE NO. 801988
AGREED STATEMENT OF FACTS
The licensee who has been advised by an agent and Registrar’s counsel agree to the following facts with respect to the Notice Of Proposal to Suspend a Licence dated June 7, 2007:
On December 5, 2006, a liquor inspectors visited the licensed premises and found that the licensee had liquor for sale in the establishment that was purchased from a government store, but was not purchased under the liquor licence. The licensee had also failed to post the Fetal Alcohol Spectrum Disorder warning notice.
Based on the above-mentioned facts, the licensee admits to having breached section 33 of Ontario Revised Regulation 719/90 and section 30.1(1) of the Liquor Licence Act.
The licensees were cooperative and forthcoming with the liquor inspectors and have promised to make sure that this will not happen again.
JOINT SUBMISSION ON
DISPOSITION
Whereas the licensee has no prior adverse record before the Board.
The licensee who has been advised by an agent and Registrar’s counsel jointly submit that the following disposition