LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: FAN SPORTS CAFÉ AND
BILLY BOB’S BISTRO AND SALOON
2446 – 48 Bloor Street West
Toronto, Ontario
M6S 1R2
Licensee: Smardenka Restaurants Limited
Licence Number: 24129
Notice of Proposal: To SUSPEND a licence
Dated October 26, 2006
The Proposal alleges that:
(a) contrary to section 43 of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to ensure that the number of persons on the premises to which the licence applies, including employees of the licence holder, does not exceed the capacity of the licensed premises as stated on the licence.
(b) And for a breach of a condition on the liquor licence stating,
“There shall be an attendant at the rear door of the premises (facing the parking lot) on duty between 9:00 p.m. and 2:00 a.m. daily”
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, Suite 200
Toronto, Ontario
M2N 0A4
February 5, 2007, via teleconference
Presiding
Board Member: Patricia McQuaid, Vice Chair
Agent for the
Registrar: Sujin Chan, Student-at-Law
Counsel for the
Licensee: Ms. F. Kandola
Exhibits: #1 - Agreed Statement of Facts
#2 - Joint Submission On Disposition
D E C I S I O N and O R D E R
WHEREAS the Board of the Alcohol and Gaming Commission of Ontario (“AGCO”) held a hearing via teleconference on February 5, 2007, pursuant to a Notice of Proposal dated October 26, 2006, to suspend the licence issued to Smardenka Restaurants Limited for premises operating as FAN SPORTS CAFÉ AND BILLY BOB’S BISTRO AND SALOON, 2446 – 48 Bloor Street West, Toronto, Ontario, M6S 1R2, licence number 24129;
AND WHEREAS the corporate licensee was represented at the teleconference hearing by legal counsel F. Kandola;
AND WHEREAS the hearing proceeded by way of a written Agreed Statement of Facts (Exhibit #1) and Joint Submission On Disposition (Exhibit #2), negotiated with Mr. Bisceglia and submitted by the agent for the Registrar and Ms. Kandola, acting on behalf of the corporate licensee, which are attached hereto and form part of this decision. With reference to the particulars of the allegations, it was agreed and admitted that:
On June 16, 2006 at 12:15 p.m., no attendant was at the rear door as required by the licence condition. There were 14 people in an area licensed for 5 people.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under section 43 of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act and further found a breach of the condition on the licence that states, “There shall be an attendant at the rear door of the premises (facing the parking lot) on duty between 9:00 p.m. and 2:00 a.m. daily”.
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Smardenka Restaurants Limited for premises operating as FAN SPORTS CAFÉ AND BILLY BOB’S BISTRO AND SALOON, 2446 – 48 Bloor Street West, Toronto, Ontario, M6S 1R2, licence number 24129, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on March 4, 2007 and CONTINUE until 2:00 a.m. on March 11, 2007.
DATED AT TORONTO THIS 19TH DAY OF FEBRUARY, 2007.
PATRICIA MCQUAID, VICE CHAIR
PM/rb
Attachment.
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 SMARDENKA RESTAURANTS LIMITED
OPERATING AS FAN SPORTS CAFÉ AND
BILLY BOB’S BISTRO AND SALOON,
2446 – 48 BLOOR STREET WEST, TORONTO,
LICENCE NUMBER 24129
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel and Registrar’s Agent agree to the following:
On June 16, 2006 at 12:15 a.m. no attendant was at the rear door as required by the licence condition. There were 14 people in an area licensed for five people.
Based on the facts in paragraph 1, the licence holder admits to a violation of section 43 of Ontario Regulation 719/90 under the Liquor Licence Act and a breach of a condition of the licence.
The licence holder has implemented measures to remedy these infractions.
The licence holder has previously served a three day suspension in 2004 for a different violation of the Liquor Licence Act.
JOINT SUBMISSION REGARDING
DISPOSITION
The Licence Holder, having consulted legal counsel, and Registrar’s Agent submit that the following disposition is appropriate in these circumstances:
A seven (7) day suspension of the liquor licence.
Should the Board accept this Agreed Statement of Facts and order the Joint submission on Disposition as set out herein, then the Registrar shall withdraw all remaining allegations as set out in the Notice of Proposal 14666 dated 26th October, 2006.
Dated at Toronto this 2nd day of February, 2007.
Emilio Bisceglia Sujin Chan
Counsel for the Licence Holder Agent for the Registrar
“I have the authority to bind
the corporation”