LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: KITTY CAMPBELLVILLE RESTAURANT & BAR
1055 Midland Avenue
Toronto, Ontario
M1K 4G7
Licensee: Saisnarain Gopaul
Licence Number: 802683
Notice of Proposal: To SUSPEND a Licence
Dated August 14, 2006
The Proposal alleges that:
(a) contrary to paragraph 50(c) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder has failed to ensure that the premises complies with the Fire Protection & Promotion Act respecting the use of the 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.
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, Suite 200
Toronto, Ontario
M2N 0A4
January 30, 2007
Presiding
Board Member: Brian J. Ford, Member
Counsel for the
Registrar: Brad Alton
Attendance: Shruti Kant, agent for the 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 30, 2007, pursuant to a Notice of Proposal dated August 14, 2006, to suspend the liquor licence issued to Saidnarain Gopaul for premises operating as KITTY CAMPBELLVILLE RESTAURANT & BAR, 1055 Midland Avenue, Toronto, Ontario, M1K 4G7, licence number 802683;
AND WHEREAS the licensee was represented by agent Shruti Kant, 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 Shruti Kant, appearing on behalf of 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 10, 2006, a drunken patron was in the licensed premises.
An inspection on June 10, 2006, found that the fire exit door was locked.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45(1) and paragraph 50(c) of Ontario Regulation 719/90 under the Liquor Licence Act;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Saisnarain Gopaul for premises operating as KITTY CAMPBELLVILLE RESTAURANT & BAR, 1055 Midland Avenue, Toronto, Ontario, M1K 4G7, licence number 802683, be SUSPENDED for ELEVEN (11) consecutive days to COMMENCE at 11:00 a.m. on March 24, 2007, and CONTINUE until 2:00 a.m. on April 4, 2007.
DATED AT TORONTO THIS DAY OF 2007.
___________________________________
BRIAN J. FORD, BOARD MEMBER
DA/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
TO SAISNARAIN GOPAUL
OPERATING AS KITTY CAMPBELLVILLE RESTAURANT & BAR,
1055 MIDLAND AVENUE, SCARBOROUGH,
LICENCE NUMBER 802683
NOTICE OF PROPOSAL NUMBER 14420
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 having 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 suspend a Licence and Add a Condition to the Licence dated August 14, 2006:
On June 10, 2006, a drunken patron was in the licensed premises.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of ss. 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
An inspection on June 10, 2006, found that the fire exit door was locked.
Based on the facts in paragraph 3, the Licence Holder admits to a violation of Paragraph 50(c) of Ontario Regulation 719/90 under the Liquor Licence Act.
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
TO SAISNARAIN GOPAUL
OPERATING AS KITTY CAMPBELLVILLE RESTAURANT & BAR,
1055 MIDLAND AVENUE, SCARBOROUGH,
LICENCE NUMBER 802683
NOTICE OF PROPOSAL NUMBER 14420
Joint Submissions Regarding
Disposition
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holders 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:
There shall be an ELEVEN (11) day suspension of liquor licence #0802683 to be served consecutively commencing March 24, 2007, at 11:00 a.m. and ending on April 04, 2007, at 2:00 a.m.
Should the Board members make the findings as agreed to and impose the disposition as submitted, then Registrar’s counsel will withdraw the remaining allegation(s) (if any) in the Notice of Proposal dated august 14, 2006.
Dated at Toronto this 25 day of January, 2007.
_________________________________ ______________________________
Saisnarain Gopaul Brad Alton, Counsel for the
Licence Holder Registrar of the AGCO
_________________________________
Shruti Kant
Agent for the Licence Holder