LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: CASTELO SPORTS BAR INC.
1468 St. Clair Avenue West Toronto, Ontario M6E 1C6
Licensee: Castelo Sports Bar Inc.
Licence Number: 804936
Notice of Proposal: To SUSPEND a licence
Dated December 11, 2006
The Proposal alleges that:
(a) 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.
(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 44(1) of Ontario Regulation 719/90 under the Liquor Licence Act the licence holder failed to ensure that no person was allowed to enter behind the bar of the licensed premises while liquor was being sold or served.
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, 3rd Floor Toronto, Ontario M2N 0A4
February 8, 2007
Presiding
Board Member: Patricia McQuaid, Vice-Chair
Counsel for the
Registrar: Bryna Kaplan
Agent for the
Licensee: Ashok Kumar
Attendance: Carlos Lima, 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 February 8, 2007, pursuant to a Notice of Proposal dated December 11, 2006, to suspend the liquor licence issued to Castelo Sports Bar Inc. for premises operating as CASTELO SPORTS BAR INC., 1468 St. Clair Avenue West, Toronto, Ontario, M6E 1C6, licence number 804936;
AND WHEREAS Ashok Kumar, an agent, appeared on the corporate licensee’s behalf 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 Ashok Kumar, 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 June 3, 2006, police officers found patrons consuming liquor and playing cards in the unlicensed basement of the establishment. The person behind the bar was not an employee of the licensee.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsections 34(1) and 44(1) of Ontario Regulation 719/90 enacted pursuant to the Liquor Licence Act. The Board accepted the withdrawal of the remaining allegation contained in the Notice of Proposal dated December 11, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Castelo Sports Bar Inc. for premises operating as CASTELO SPORTS BAR INC., 1468 St. Clair Avenue West, Toronto, Ontario, M6E 1C6, licence number 804936, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on April 2, 2007 and CONTINUE until 2:00 a.m. on April 9, 2007.
DATED AT TORONTO THIS DAY OF 2007.
PATRICIA MCQUAID, VICE-CHAIR
PM/sm
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
CASTELO SPORTS BAR INC.,
OPERATING AS CASTELO SPORTS BAR IN.,
1468 ST CLAIR AVE W, TORONTO
LICENCE NO. 804936
AGREED STATEMENT OF FACTS
The Licensee, having been advised of its right to Legal Counsel and having waived that right, and through its Agent and Registrar’s Counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated December 11, 2006.
On June 3, 2006, police officers found patrons consuming liquor and playing cards in the unlicensed basement of the establishment. The person behind the bar was not an employee of the licensee.
Based upon the above-admitted facts, the licence holder admits to violations of subsections 34(1) and 44(1) of Revised Regulation 719/90 under the Liquor Licence Act.
The Licence Holder has no prior adverse record with the Commission.
JOINT SUBMISSIONS ON DISPOSITION
Whereas the licensee has no prior adverse record with the commission.
The Licensee, having been advised of its right to Legal Counsel and having waived that right, through its Agent, and Registrar’s Counsel, jointly submit that the following disposition is appropriate in these circumstances:
a SEVEN (7) day suspension of liquor licence #804936 to be served consecutively within NINETY (90) days of today’s date, on dates to be provided to 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 Licence Holder.
Should the Board members make the findings as agreed to and impose the disposition the disciplinary action as proposed above, the Registrar shall withdraw the remaining allegation contained in the Notice of Proposal dated December 11, 2006.
Respectfully submitted this 8 day of February, 2007.
Carlos Alberto Lima Bryna Kaplan
For the Corporate Licence Holder Counsel to the Registrar, AGCO
“I have the authority to bind the Corporation
Ashok Kumar
Agent for the Corporate Licensee.