LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: AZORES CLUB BAR
99 Orenda Road
Brampton, Ontario
L6W 1V7
Licensee: Azores Club Bar Inc.
Licence Number: 40648
Notice of Proposal: To SUSPEND a licence and to add a CONDITION to the licence
Dated July 25, 2006
The Proposal alleges that:
(a) Contrary to subsection 25(1) of Ontario Regulation 719/90 under the Liquor Licence Act, liquor was sold and served in the licensed premises outside of prescribed hours.
(b) Contrary to subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder permitted drunkenness or riotous, quarrelsome, violent or disorderly conduct to occur on the licensed premises or in the areas under the control of the licence holder.
(c) Contrary to subsection 45(2) of the Liquor Licence Act, the licence holder failed to facilitate an inspection relevant to the licence.
And to order that the sale and service of liquor cease at 10:00 p.m. and that the signs of the sale and service of liquor be cleared by 10:45 p.m.
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, 3rd Floor
Toronto, Ontario
M2N 0A4
January 19, 2007
Presiding
Board Members: Patricia McQuaid, Vice-Chair
Allan Higdon, Member
Counsel for the
Registrar: Bryna Kaplan
Counsel for the
Licensee: Peter Profiti
Attendance: Antonio Carvalho Rodrigues, sole officer, director and shareholder of the licensee corporation
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 on January 19, 2007 pursuant to a Notice of Proposal dated July 25, 2006 to suspend a licence and add a condition to the licence issued to Azores Club Bar Inc. for premises operating as AZORES CLUB BAR, 99 Orenda Road, Brampton, Ontario, L6W 1V7, licence number 40648;
AND WHEREAS the corporate licensee was represented by legal counsel, Peter Profiti;
AND WHEREAS the hearing proceeded by way of a written Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) submitted by the counsel for the Registrar and Peter Profiti, counsel for 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:
- Liquor had already been served in the licensed premises on:
March 28, 2006, at approximately 9:36 a.m.;
April 27, 2006, at approximately 8:45 a.m.;
- On March 28, 2006, a drunken patron was found in the licensed premises.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 25(1) and 45(1) of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act. The Board accepted the withdrawal of the remaining allegation and the request for a condition on the licence contained in the Notice of Proposal dated July 25, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Azores Club Bar Inc. for premises operating as AZORES CLUB BAR, 99 Orenda Road, Brampton, Ontario, L6W 1V7, licence number 40648, be SUSPENDED for TWELVE (12) consecutive days to COMMENCE at 11:00 a.m. on April 1, 2007 and CONTINUE until 2:00 a.m. on April 13, 2007.
DATED AT TORONTO THIS 1ST DAY OF FEBRUARY, 2007.
PATRICIA MCQUAID, VICE-CHAIR ALLAN HIGDON, BOARD MEMBER
PM/sm
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
AZORES CLUB BAR INC.,
OPERATING AS AZORES CLUB BAR,
99 ORENDA RD, BRAMPTON
LICENCE NO. 40648
AGREED STATEMENT OF FACTS
The Licensee, through its Legal Counsel, and Registrar’s Counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence and to Add a Condition to the Licence dated July 25, 2006;
- Liquor had already been served in the licensed premises on:
March 28, 2006, at approximately 9:36 a.m.;
April 27, 2006, at approximately 8:45 a.m.;
On March 28, 2006, a drunken patron was found in the licensed premises.
Based upon the above-admitted facts, the licence holder admits to violations of subsection 25(1), and 45(1) of Revised Regulation 719/90 under the Liquor Licence Act.
The Licence Holder has no prior record of suspensions with the Commission.
JOINT SUBMISSION ON DISPOSITION
Whereas the Licensee ahs no prior record of suspensions with the Commission;
The Licensee, through its Legal Counsel, and Registrar’s Counsel jointly submit that the following disposition is appropriate in these circumstances:
A twelve (12) day suspension of liquor licence number 40648 to be served consecutively within (90) days of today’s date, on dates to be provided ot the Manager of Hearings, within seven (7) days of today’s date, failing which, dates shall be imposed by the Board without further consultation with the Licensee.
Should the Board make the findings as set out in the agreed Statement of Facts and impose the disciplinary action as proposed above, the Registrar shall withdraw the remaining allegation contained in the Notice of Proposal dated July 25, 2006.
Respectfully submitted this 19 day of January, 2007,
Peter Profiti Bryna Kaplan
Counsel for the Licence Holder Counsel for the Registrar, AGCO
Antonio Carvalho Rodrigues
For the Corporate Licence Holder
“I have the authority to bind the Corporation”