LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: CAFÉ GROTTO 2560 Sheppard Ave., Unit 3 Mississauga, Ontario L5A 4E1
Licensee: Café Grotto Inc. Licence Number: 203164 Notice of Proposal: To REVOKE a licence Dated January 31, 2006.
The Proposal alleges that:
(a) contrary to section 29 of the Liquor Licence Act (“LLA”), liquor was permitted to be sold or supplied to a person who was or appeared to be intoxicated.
(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 section 29 of Ontario Regulation 719/90 under the Liquor Licence Act (the “O.Reg.”) the licence holder failed to clear the signs of service and consumption in the licensed premises within 45 minutes after the end of the period during which liquor may be sold and served under the licence.
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Ave. East, 3rd Floor Toronto, Ontario M2N 0A4 January 5, 2007
Presiding
Board Members: David C. Gavsie, Chair Brian J. Ford, Member
Counsel for the
Registrar: Brad Alton
Agent for the Licensee: Howard Buckman
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 5, 2007 pursuant to a Notice of Proposal dated January 31, 2006 to revoke the licence issued to Café Grotto Inc. for premises operating as Café Grotto, 2560 Sheppard Ave., Unit 3, Mississauga, Ontario, L5A 4E1, licence number 203164;
AND WHEREAS Howard Buckman, an agent, appeared on 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 Howard Buckman, appearing on behalf of the corporate licensee, which are attached hereto and form part of this decision. The Joint Submission was also signed by the Licence Holder. With reference to the particulars of the allegations, it was agreed and admitted that:
On August 5, 2005, and on October 28, 2005, drunken patrons were found in the licensed premises and were served liquor despite their intoxicated condition.
An inspection on August 5, 2005, found that the signs of the service and consumption of liquor had not been cleared from the licensed premises by 3:00 a.m.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under section 29 of the LLA and section 29 and subsection 45 (1) of O.Reg.
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Café Grotto Inc. for premises operating as Café Grotto, 2560 Sheppard Ave., Unit 3, Mississauga, Ontario, L5A 4E1, licence number 203164 be SUSPENDED for 89 (EIGHTY NINE) consecutive days to COMMENCE at 11:00 a.m. on February 1, 2007 and CONTINUE until 2:00 a.m. on April 30, 2007.
AND FURTHER, as contained in the Joint Submission Regarding Disposition, the Board ORDERS, as agreed by the Licensee, that the Licensee shall surrender the licence effective at 2:01 a.m. on April 30, 2007, and licence number 203164 shall be cancelled as and from that time.
DATED AT TORONTO THIS DAY OF 2007.
BRIAN J. FORD, BOARD MEMBER DAVID C. GAVSIE, CHAIR
BJF/mw
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 CAFÉ GROTTO INC. OPERATING AS CAFÉ GROTTO, 2560 SHEPPARD AVE., UNIT 3,
MISSISSAUGA,
LICENCE NUMBER 203164
NOTICE OF PROPOSAL NUMBER 13768
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 has declined that right and agreed to proceed without legal counsel, and Registrar’s counsel agree to the following with respect to the Notice Of Proposal To Revoke A Licence dated January 31, 2006:
On August 5, 2005, and on October 28, 2005, drunken patrons were found in the licensed premises and were served liquor despite their intoxicated condition.
Based on the facts in paragraph 1, the Licence Holder admits to violations of ss.45 (1) of Ontario Regulation 719/90 under the Liquor Licence Act and s.29 of the Liquor Licence Act.
An inspection on August 5, 2005, found that the signs of the service and consumption of liquor had not been cleared from the licensed premises by 3:00 a.m.
Based on the facts in paragraph 3, the Licence Holder admits to a violation of section 29 of Ontario Regulation 719/90 under the Liquor Licence Act.
The Licence holder has several previous lengthy suspensions for similar infractions.
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 CAFÉ GROTTO INC. OPERATING AS CAFÉ GROTTO, 2560 SHEPPARD AVE., UNIT 3,
MISSISSAUGA,
LICENCE NUMBER 203164
NOTICE OF PROPOSAL NUMBER 13768
JOINT SUBMISSION 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 has declined that right and agreed to proceed without legal counsel, and Registrar’s counsel submit that the following disposition is appropriate in these circumstances:
The liquor licence, number 203164, shall be suspended from 11:00 a.m. on February 01, 2007, until 2:00 a.m., on April 30, 2007, after which the licensee shall surrender the licence effective 2:01 a.m., on April 30, 2007, and the licence is cancelled.
Should the Board members make the findings as agreed to and impose the disposition as submitted then Registrar’s Counsel agrees not to proceed to a Notice of Proposal for the infractions found in the establishment on August 6, 2006.
Dated at Toronto this 5th day of January, 2007.
Renata Beata Ogonowska Brad Alton, Counsel for the Licence Holder Registrar of the AGCO
Howard Buckman Agent for the Licence Holder