LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: COMMON GROUND 2952 Dundas Street West Toronto, Ontario M6P 1Y8
Licensee: Charilas Fevgas Licence Number: 811914
Notice of Proposal: To SUSPEND a licence Dated October 26, 2006
The Proposal alleges that:
(a) 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.
(b) contrary to subsection 31(1)(c) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder kept for sale liquor not purchased under the licence.
(c) contrary to section 33(1) of Ontario Regulation 719/90 under the Liquor Licence Act (the "O. Reg. 719/90"), 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.
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Ave. East, 3rd Floor Toronto, Ontario M2N 0A4 February 8, 2007
Presiding
Board Member: Patricia McQuaid, Vice-Chair
Agent for the
Registrar: Sujin Chan, Student-at-Law
Counsel for the Licensee: Desmond Brizan
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 via teleconference on February 8, 2007 pursuant to a Notice of Proposal dated October 26, 2006 to suspend the licence issued to Charilas Fevgas for premises operating as Common Ground, 2952 Dundas St. W., Toronto, Ontario, M6P 1Y8, licence number 811914;
AND WHEREAS the licensee was represented by legal counsel Desmond Brizan;
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 counsel for the 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 29, 2006, a drunken patron was in the licensed premises. Four packs of beer found on the premises had been purchased off-licence.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsections 33 (1) and 45 (1) of O.Reg. 719/90. The Board accepted the withdrawal of the remaining allegation contained in the Notice of Proposal dated October 26, 2006.
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Charilas Fevgas for premises operating as Common Ground, 2952 Dundas St. W., Toronto, Ontario, M6P 1Y8, licence number 811914 be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on March 12, 2007 and CONTINUE until 2:00 a.m. on March 19, 2007.
DATED AT TORONTO THIS DAY OF 2007.
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PATRICIA MCQUAID, VICE-CHAIR
PM/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 CHARILAS FEVGAS OPERATING AS COMMON GROUND, 2952 DUNDAS ST. W., TORONTO,
LICENCE NUMBER 811914
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AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel, and Registrar's Agent agree to the following:
On June 29, 2006, a drunken patron was in the licensed premises. Four packs of beer found on the premises had been purchased off-licence.
Based on the facts in paragraph 1, the licence holder admits to violations of subsections 45 (1) and 33(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has exhibited remorse and taken necessary steps to prevent these infractions in the future.
The licence holder has no prior record of disciplinary action with the Commission.
JOINT SUBMISSION ON DISPOSITION
The Licence Holder, having consulted legal counsel, and Registrar's Agent submit that the following disposition is appropriate in these circumstances:
A seven (7) day suspension of the liquor licence.
Should the Board accept this Agreed Statement of Facts and order the Joint Submission on Disposition as set out herein, then the Registrar shall withdraw all remaining allegations as set out in the Notice of Proposal 14646 dated 26th October, 2006.
Dated in Toronto this 30th day of January, 2007.
__________________________________ ____________________________________
Charilas Fevgas Sujin Chan
Licence Holder Agent for the Registrar of the AGCO
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Desmond Brizan
Counsel for the Licence Holder
"I have authority to bind the licence holder."