LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: HARRY AND BROTHERS SPORTS BAR AND RESTAURANT
1662 Jane Street
Toronto, Ontario
M9N 2S1
Licensee: Harry and Brothers Bar/Restaurant Inc.
Licence Number: 810359
Notice of Proposal: To SUSPEND a Licence
Dated September 29, 2006
The Proposal alleges that:
(a) contrary to subsection 45(1) of Ontario Regulation 719/90 (the "O. Reg.") under the Liquor Licence Act, (the "LLA") 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.
(b) contrary to subsection 45(2) of the LLA, the licence holder failed to facilitate an inspection relevant to the licence.
(c) contrary to subsection 17(2) of the O. Reg. under the LLA, the licence holder failed to ensure that the sale and service of liquor was supervised by an authorized employee
(d) contrary to subsection 44(1) of the O. Reg. under the LLA 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.
(e) contrary to subsection 31(1)(c) of the O. Reg. under the LLA, the licence holder kept for sale liquor not purchased under the licence.
(f) contrary to section 33(1) of the O. Reg. under the LLA, the licence holder permitted liquor other than liquor purchased by the licence holder under the licence from a government store to be brought onto the licensed premises or the liquor and food preparation area and storage areas.
(g) contrary to subsection 54(1)(b) of the O. Reg. under the LLA, the licence holder failed to retain records of the sale of food and liquor for the licensed premises.
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Ave. W., 3rd Floor
Toronto, Ontario
M2N 0A4
January 24, 2007
Presiding
Board Members: David C. Gavsie, Chair
Allan Higdon, Member
Counsel for the
Registrar: Bryna Kaplan
Attendance: Vincent Bridgelall, Agent for the corporate licensee
Prakash Doodram, for the corporate 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 24, 2007, pursuant to a Notice of Proposal dated September 29, 2007, to suspend the liquor licence issued to Harry and Brothers Bar/Restaurant Inc. for premises operating as HARRY AND BROTHERS SPORTS BAR AND RESTAURANT
1662 Jane Street, Toronto, Ontario, M9N 2S1, licence number 810359;
AND WHEREAS the licensee was represented by its agent, Vincent Bridgellal, who waived the Licensee's 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 both the Licensee and its agent, 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 1, 2006, during an inspection of the licensed premises by police officers, the bartender of the licensed premises was found drunk and incapable of properly supervising the licensed premises. During the course of the inspection, the bartender was verbally abusive to police officers, refused to provide requested information and prevented police officers from conducting their investigation. The bartender had to be restrained by his son from physically interfering with the police.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45(2) of the LLA, and subsections 17(2) and 45(1) of the O. Reg. under the LLA. The Board accepted the withdrawal of all other allegations contained in the Notice of Proposal dated September 29, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Harry and Brothers Bar/Restaurant Inc. for premises operating as HARRY AND BROTHERS SPORTS BAR AND RESTAURANT, 1662 Jane Street, Toronto, Ontario, M9N 2S1, licence number 810359, be SUSPENDED for TWENTY-EIGHT (28) consecutive days to COMMENCE at 11:00 a.m. on April 12, 2007 and CONTINUE until 2:00 a.m. on May 10, 2007.
DATED AT TORONTO THIS DAY OF 2007.
DAVID C. GAVSIE, CHAIR ALLAN HIGDON, BOARD MEMBER
DCG/rb
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
HARRY AND BROTHERS BAR/RESTAURANT INC.
OPERATING AS
HARRY AND BROTHERS SPORTS BAR AND RESTAURANT,
1662 JANE ST., TORONTO,
LICENCE NO. 810359
AGREED STATEMENT OF FACTS
The Licensee, having been advised of its right to legal counsel and having waived that right, through its Agent, and Registrar's Counsel agree to the following facts in relation to a Notice of Proposal to Suspend a Licence dated September 29, 2006:
On April 1, 2006, during an inspection of the licensed premises by police officers, the bartender of the licensed premises was found drunk and incapable of properly supervising the licensed premises. During the course of the inspection, the bartender was verbally abusive to police officers, refused to provide requested information and prevented police officers from conducting their investigation. The bartender had to be restrained by his son from physically interfering with the police.
Based on the above-admitted facts, the licence holder admits to violations of section 45(2) of the Liquor Licence Act and subsections 17(2) and 45(1) of Revised Regulation 719/90 under that same Act.
The licence holder has no prior record of suspension by the Board.
JOINT SUBMISSION ON DISPOSITION
Whereas the licence holder has no prior record of suspensions by the Board;
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 twenty eight (28) day suspension of liquor licence number 810359 to be served consecutively, from April 12, 2007 at 11 a.m. until May 10, 2007 at 2 a.m.
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 September 29, 2006.
Respectfully submitted this 15 day of January, 2007.
Prakash Doodram Bryna Kaplan
Licence Holder Counsel to the Registrar, AGCO
Vincent Bridgellal
Agent for the Corporate Licensee