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-
Maria Salvina Oliveira O/A Churrasqueira O Espeto
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair David C. Gavsie, Chair
Decision Date: November 27, 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 ) Dan Alakas, Representative Maria Salvina Oliveira, Licensee ) Peter Leich, Representative
[1]. A hearing into Notice of Proposal number 15467 dated July 23, 2007 to revoke liquor licence number 805072 issued to Maria Salvina Oliveira, operating as CHURRASQUEIRA O ESPETO, 1673 St. Clair Avenue West, Toronto, Ontario, M6N 1H9, on the basis of an alleged violation of section 53 of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA) and an alleged breach of a condition on the licence which states, “Antonio Oliveira shall not be allowed in the licensed premises at any time”, was held on November 23, 2007 in the City of Toronto.
[2]. Dan Alakas, Registrar’s Representative, and Peter Leich, 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 March 29, 2007 the licensee admits to having breached the aforementioned condition of their liquor licence by allowing Antonio Olivera to be on the licensed premises.
On March 29, 2007, the licensee admits to having breached section 53 of Ontario Regulation 719/90 by failing to have a liquor menu available on the licensed premises.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached section 53 of the O. Reg and breached the condition on the licence prohibiting Antonio Oliveira from being on the licensed premises at any time.
Order
[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Maria Salvina Oliveira, operating as CHURRASQUEIRA O ESPETO, 1673 St. Clair Avenue West, Toronto, Ontario, M6N 1H9, be SUSPENDED for THIRTY FIVE (35) consecutive days to COMMENCE at 11:00 a.m. on January 15, 2008, and CONTINUE until 2:00 a.m. on February 19, 2008.
DATED AT TORONTO THIS 27th DAY OF November , 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 MARIA SALVINA OLIVEIRA, OPERATING AS
CHURRASQUEIRA O ESPETO, 1673 ST. CLAIR AVENUE
WEST, TORONTO
LICENCE NO. 805072
AND IN THE MATTER OF A NOTICE OF PROPOSAL NO.
15467 ISSUED JULY 23, 2007
AGREED STATEMENT OF FACTS
The licensee, after consulting with an agent and having being advised of the right to counsel and having waived that right, and the Registrar’s representative agree to the following facts:
The liquor licence for the establishment Churrasqueira O Espeto has a condition attached to it which states: “Antonio Oliveira shall not be allowed in the licensed premises at any time”.
On March 29, 2007 the licensee admits to having breached the aforementioned condition of their liquor licence by allowing Antonio Olivera to be on the licensed premises.
On March 29, 2007, the licensee admits to having breached Section 53 of Ontario Regulation 719/90 by failing to have a liquor menu available on the licensed premises.
The licensee has shown remorse and co-operated with the Commission. The licensee has taken steps to ensure that Antonio Oliveira is not allowed upon the licensed premises again. The licensee has ensured that liquor menus are readily available.
[5]. The licensee’ son, (the previous licence holder), with respect to the licensed premises, has a prior record of discipline before the Board. On November 2, 2006 the Board imposed a suspension of 25 days on the licensee’s son, in addition to imposing the condition mentioned above, based on a breach of Section 25(1) of Ontario Regulation 719/90; the licensee’s son had already served liquor at 7:28 a.m. The licensee’s son has also previously served a 14 day suspension in 2005 for sale of liquor outside hours and for failing to display the FASD sign. The licensee’s son was suspended for 7 days in 2003 for permitting liquor on the premises not purchased under the licence.
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JOINT SUBMISSIONS ON DISPOSITION
The licensee, after consulting with an agent and having being advised of the right to counsel and having waived that right and the Registrar’s representative jointly submit that the following disposition is appropriate in the circumstances:
- There shall be a thirty-five (35) day suspension of liquor licence 805072 to be served on dates to be provided, in writing, to the Manager of the Hearing Section of the Alcohol and Gaming Commission of Ontario, 90 Sheppard Ave. E., Suite 200, Toronto, ON, M2N 1A4, fax (416) 326-5566, within the next seven (7) days. Should the licensee fail to provide suspension dates to the Board, the Board shall set the dates for the suspensions without further consultation with the licensee. The suspension cannot commence for at least twenty (20) days following notification and must be completed within ninety (90) days of today’s date.
DATED AT TORONTO, THIS 23RD DAY OF NOVEMBER, 2007
RESPECTFULLY SUBMITTED,
Is the licence holder Daniel Alakas
Registrar’s Representative