LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: OS AMIGOS BAR
335 Silverthorn Avenue
Toronto, Ontario
M6N 3K5
Licensee: Os Amigos Restaurant & Café Inc.
Licence Number: 202407
Notice of Proposal: To SUSPEND a licence
Dated December 11, 2006
The Proposal alleges that:
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, 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
Agent for the
Licensee: U-Sheak Koroma
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 teleconference hearing on February 8, 2007 pursuant to a Notice of Proposal dated December 11, 2006, to suspend the liquor licence issued to Os Amigos Restaurant & Café Inc. for premises operating as OS AMIGOS BAR, 335 Silverthorn Avenue, Toronto, Ontario, M6N 3K5, licence number 202407;
AND WHEREAS U-Sheak Koroma, 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 U-Sheak Koroma, 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 October 19, 2006, a drunken patron was in the licensed premises.
AND WHEREAS based on the Agreed Statement of Facts, the Board made a finding under subsection 45(1) of Ontario Revised Regulation 719/90 enacted pursuant to 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 Os Amigos Restaurant & Café Inc. for premises operating as OS AMIGOS BAR, 335 Silverthorn Avenue, Toronto, Ontario, M6N 3K5, licence number 202407, be SUSPENDED for FIVE (5) consecutive days to COMMENCE at 11:00 a.m. on February 19, 2007 and CONTINUE until 2:00 a.m. on February 24, 2007.
DATED AT TORONTO THIS DAY OF 2007.
PATRICIA MCQUAID, BOARD MEMBER
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
OS AMIGOS RESTAURANT & CAFÉ IN. OPERATING AS
OS AMIGOS BAR, 335 SILVERTHORN AVE., TORONTO
LICENCE NUMBER 0202407
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 Agent agree to the following:
On October 19, 2006, a drunken patron was in the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to a violation of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has no prior record of disciplinary action with the Commission.
JOINT SUBMISSIONS ON DISPOSITION
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 Agent submit that the following disposition is appropriate in these circumstances.
- A five (5) day suspension of the liquor licence to commence at 11:00a.m. on February 19, 2007 and to end at 2:00a.m. on February 24, 2007.
Dated in Toronto this 31st day of January, 2007.
U-Sheak Koroma Sujin Chan
Agent for the Licence Holder Agent for the Registrar of the AGCO
“I have the authority to bind the corporation”