LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: CROWN COFFEE AND PIZZERIA 69 Kensington Ave., Toronto, Ontario M5T 2K2
Licensee: Zewde Tekeste Licence Number: 811307
Notice of Proposal: To SUSPEND a licence and to ADD a condition to the licence Dated September 5, 2006
The Proposal alleges that:
(a) contrary to subsection 30(4) of the Liquor Licence Act, the licensee or the licensee’s employee or agent permitted a person who appeared to be under the age of 19 years to have or consume liquor in the licensed premises.
(b) contrary to subsection 34 (1) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder permitted a patron to remove liquor from the licensed premises.
(c) contrary to subsection 5(1) of the Liquor Licence Act liquor was unlawfully kept for sale, offered for sale, or sold in the premises.
(d) contrary to section 50(c) of Ontario Regulation 719/90 under the Liquor Licence Act (the “O.Reg”), the licence holder has failed to ensure that the premises complies with the Fire Protection & Promotion Act respecting the use of the premises.
(e) contrary to subsection 30.1(1) under the Liquor Licence Act (“LLA”), the licence holder failed to display the Fetal Alcohol Spectrum Disorder warning sign while selling or supplying liquor or offering to sell or supply liquor.
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Ave. E., 3rd Floor Toronto, Ontario M2N 0A4 January 3, 2007
Presiding Board Member: Brian J. Ford, Member
Counsel for the
Registrar: Joyce Taylor
Attendance: Zewde Tekeste, licensee
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 3, 2007, pursuant to a Notice of Proposal dated September 5, 2006 to suspend a licence and to add a condition to the licence issued to Zewde Tekeste for premises operating as Crown Coffee and Pizzeria, 69 Kensington Ave., Toronto, Ontario, M5T 2K2, licence number 811307;
AND WHEREAS Zewde Tekeste appeared on her own behalf and waived her 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 Zewde Tekeste, acting on her own behalf, 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 March 16, 2006, police officers visited the establishment and found that a person who appeared to be under the age of nineteen years, and who was in fact eighteen years old, was permitted to consume liquor. The police officers also found that the licensee permitted several patrons to remove liquor from the licensed area into the unlicensed basement. On March 20, 2006, police officers visited the licensed premises and found that emergency exit lights were not in place.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 30(4) of the LLA and subsections 34 (1) and 50(c) of O.Reg. The Board accepted the withdrawal of the remaining allegations in the Notice of Proposal dated September 5, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Zewde Tekeste for premises operating as Crown Coffee and Pizzeria, 69 Kensington Ave., Toronto, Ontario, M5T 2K2, licence number 811307 be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on January 22, 2007, and CONTINUE until 2:00 a.m. on February 1, 2007.
DATED AT TORONTO THIS DAY OF 2007.
BRIAN J. FORD, BOARD MEMBER
BJF/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 ZEWDE TEKESTE OPERATING AS CROWN COFFEE AND PIZZERIA, 69 KENSINGTON AVE., TORONTO, LICENCE NUMBER 811307
AGREED STATEMENT OF FACTS
The Licensee, who has been advised of her right to counsel and having waived that right and chosen to proceed without a lawyer agrees with Registrar’s Counsel to the following facts in relation to the Notice of Proposal to Suspend a licence dated September 5, 2006:
On March 16, 2006, police officers visited the establishment and found that a person who appeared to be under the age of nineteen years, and who was in fact eighteen years old, was permitted to consume liquor. The police officers also found that the licensee permitted several patrons to remove liquor from the licensed area into the unlicensed basement. On March 20, 2006, police officers visited the licensed premises and found that emergency exit lights were not in place.
Based on the above-mentioned facts, the licensee admits to having breached section 30(4) of the Liquor Licence Act and sections 34 (1) and 50 (c) of Ontario Revised Regulation 719/90, as amended.
JOINT SUBMISSION ON DISPOSITION
Whereas this licensee has no prior adverse record before the Board,
The licensee, who has been advised of her right to counsel and having waived that right and chosen ton proceed without a lawyer, jointly submits with Registrar’s counsel that the following disposition is appropriate in the circumstances:
There will be a ten (10) day suspension of liquor licence 811307 to be served commencing at 11:00 a.m. on January 22, 2007 and continuing until February 1, 2007 at 2:00 a.m.
Should the Board accept the Agreed Statement of Facts and order the Joint Submission on Disposition as set out herein, the Registrar shall withdraw all remaining allegations as set out in the Notice of Proposal to Suspend a Licence dated September 5, 2006.
Respectfully submitted the 3rd day of January, 2007.
Zewde Tekeste Joyce A. Taylor Licensee Registrar’s counsel