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-
Brian Robert La O/A Jenny’s Café & Bar
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair
Decision Date: December 5, 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 ) Daniel Alakas, Representative
Brian Robert La, Licensee ) Michael Caroline, Representative
A hearing into Notice of Proposal number 15284 dated May 28, 2007 to suspend liquor licence number 804137 issued to Brian Robert La, operating as Jenny’s Café & Bar, 65 Kensington Avenue, Toronto, Ontario, M5T 2J9, on the basis of alleged violations of subsection 30.1(1) of the Liquor Licence Act (LLA) and subsections 35(1), 45(1) and 45(2) and sections 52 and 53 of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA, was held on November 29, 2007 in the City of Toronto.
The Board amended the Notice of Proposal, at the joint request of the parties, to include allegations with respect to inspections on January 27 and February 8, 2007.
Daniel Alakas, Registrar’s Representative, and Michael Caroline, 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 January 2, 2007, police officers from Toronto Police Service conducted an inspection of the licensed premises. During the inspection, the officers observed an intoxicated male patron in the premises. The officers also observed that food sufficient for light meals was not available, no liquor menu was available, the Fetal Alcohol Spectrum Disorder warning sign was not posted and the establishment liquor licence was not posted.
On January 27, 2007, police officers from Toronto Police Service conducted an inspection of the licensed premises. The officers observed that no liquor menu was available.
On February 8, 2007, police officers from Toronto Police Service conducted an inspection of the licensed premises. The officers observed an intoxicated male patron in the establishment.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30.1(1) of the LLA and subsections 35(1) and 45(1) and sections 52 and 53 of the O. Reg. The Board accepted the withdrawal of the remaining allegation.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Brian Robert La, operating as Jenny’s Café & Bar, 65 Kensington Avenue, Toronto, Ontario, M5T 2J9, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on January 6, 2008, and CONTINUE until 2:00 a.m. on January 20, 2008.
DATED AT TORONTO THIS 5th DAY OF December , 2007.
PATRICIA MCQUAID, VICE-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
BRIAN ROBERT LA, OPERATING AS JENNY’S CAFÉ AND
BAR, 65 KENSINGTON AVENUE, TORONTO,
LICENCE NUMBER 804137
AND IN THE MATTER OF A NOTICE OF PROPOSAL NO. 15284 ISSUED MAY 28, 2007.
AGREED STATEMENT OF FACTS
The licensee, after consulting with counsel, and the Registrar’s representative agree to the following facts:
On January 2, 2007 police officers from Toronto Police Service conducted an inspection of the licensed premises. During the inspection, the officers observed an intoxicated male patron in the premises. The officers also observed that food sufficient for light meals was not available, no liquor menu was available, the Fetal Alcohol Spectrum Disorder warning sign was not posted an the establishment liquor licence was not posted.
Based on the above mentioned facts, the licensee admits to having breaches Section 45(1) of Ontario Regulation 719/90 by permitting drunkenness to occur on the licensed premises.
Based on the above mentioned facts, the licensee admits to having breaches Section 35(1) of Ontario Regulation 719/90 by failing to ensure that light meals were available for sale to patrons on the licence premises.
Based on the above mentioned facts, the licensee admits to having breaches Section 30.1(1) of the Liquor Licence Act by failing to display the Foetal Alcohol Spectrum Disorder warning sign while selling or supplying liquor or offering to sell or supply liquor.
Based on the above mentioned facts, the licensee admits to having breaches Section 52 of the Liquor Licence Act by failing to post the liquor licence in a conspicuous place in the licensed premises.
Based on the above mentioned facts, the licensee admits to having breaches Section 53 of Ontario Regulation 719/90 by failing to make a liquor menu available.
On January 27, 2007 police officers from Toronto Police Service conducted an inspection of the licensed premises. The officers observed that no liquor menu was available. A Letter of Incident was sent to the licensee from the Registrar on October 29, 2007, detailing the particulars of this violation. Based on the aforementioned facts, the licensee admits to having breached Section 53 of Ontario Regulation 719/90 by failing to make a liquor menu available.
On February 8, 2007 police officers from Toronto Police Service conducted an inspection of the licensed premises. The officers observed an intoxicated male patron in the establishment. A Letter of Incident was sent to the licensee from the Registrar on October 29, 2007, detailing the particulars of this violation. Based on the aforementioned facts, the licensee admits to having breached Section 45(1) of Ontario Regulation 719/90 by permitting drunkenness to occur on the premises.
The licensee has shown remorse and has cooperated with the Commission. The licensee has taken steps to ensure that these violations do not occur in the future.
The licensee has nor prior record of discipline before the Board.
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JOINT SUBMISSION ON DISPOSITION
The licensee, after consulting with counsel, and the Registrar’s representative jointly submit that the following disposition is appropriate in these circumstances:
- There shall be a fourteen (14) day suspension of liquor licence 804137 to be served on dates to be provided, in writing, to the Manager of Hearings Section of the Alcohol and Gaming Commission of Ontario, 90 Sheppard Ave. E., Suite 200, Toronto, Ontario, M2N 0A4, 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 (90) days of today’s date.
DATED AT TORONTO, THIS 23rd DAY OF NOVEMBER, 2007
RESPECTFULLY SUBMITTED,
For the licence holder Daniel ALAKAS
Registrar’s Representative