LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: J & G’S SPORTS BAR 768 Dundas St. W. Toronto, Ontario M6J 1T8
Licensee: Irmaos Unidos Churrasqueira Café Bar
Licence Number: 91959
Notice of Proposal: To SUSPEND a licence Dated July 26, 2006
The Proposal alleges that:
(a) contrary to subsection 25(1) of Ontario Regulation 719/90 under the Liquor Licence Act (the “O. Reg.”) liquor was sold and served in the licensed premises outside of prescribed hours.
(b) contrary to subsection 45(2) of the Liquor Licence Act (“LLA”) the licence holder failed to facilitate an inspection relevant to the licence.
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Ave. E., 3rd Floor Toronto, Ontario M2N 0A4 January 19, 2007
Presiding Board Members: Beryl Ford, Member Guy Maurice, Member
Counsel for the
Registrar: Richard Kulis
Attendance: Jose Da Costa, for the corporate licensee Sandy Garcia, translator
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 26, 2006 to suspend the liquor licence issued to Irmaos Unidos Churrasqueira Café Bar for premises operating as J & G’s Sports Bar, 768 Dundas St. W., Toronto, Ontario, M6J 1T8, licence number 91959;
AND WHEREAS Jose Da Costa appeared behalf of the corporate licensee and waived its right to be represented by legal counsel;
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 Mr. Da Costa, appearing 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 April 27, 2006 at 10:49 a.m. liquor had already been sold and served in the licensed premises.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 25 (1) of the O. Reg. The Board accepted the withdrawal of the remaining allegation in the Notice of Proposal dated July 26, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Irmaos Unidos Churrasqueira Café Bar for premises operating as J & G’s Sports Bar, 768 Dundas St. W., Toronto, Ontario, M6J 1T8, licence number 91959 be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on March 22, 2007, and CONTINUE until 2:00 a.m. on March 29, 2007.
DATED AT TORONTO THIS 5th DAY OF FEBRUARY, 2007.
BERYL FORD, BOARD MEMBER GUY MAURICE, BOARD MEMBER
BF/mw
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
IRMAOS UNIDOS CHURRASQUEIRA CAFÉ BAR OPERATING AS
J & G’S SPORTS BAR, 768 DUNDAS ST. W., TORONTO,
LICENCE NUMBER 91959
AGREED STATEMENT OF FACTS
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and having declined that right and agreed to proceed without legal counsel, and Registrar’s Counsel agree to the following:
On April 27, 2006 at 10:49 a.m. liquor had already been sold and served in the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to a violation of section 25 (1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has no prior adverse record with the Commission.
JOINT SUBMISSIONS ON DISPOSITION
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and having declined that right and agreed to proceed without legal counsel, and Registrar’s Counsel submit that the following disposition is appropriate in these circumstances:
A seven (7) day suspension of the liquor licence.
Should the Board members make the findings as agreed to and impose the disposition as submitted, then Registrar’s counsel will withdraw the remaining allegation in the Notice of Proposal of July 26, 2006.
Dated in Toronto this 19th day of January, 2007.
For the licence holder Richard Kulis, for the Registrar of the AGCO