LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: SWAY-BAR 1335 St. Clair Avenue West Toronto, Ontario M6E 1C3
Licensee: Giuseppe Conte Licence Number: 807758
Notice of Proposal: To SUSPEND a licence Dated December 11, 2006
The Proposal alleges that:
(a) Contrary to section 43 of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to ensure that the number of persons on the premises to which the licence applies, including employees of the licence holder, does not exceed the capacity of the licensed premises as stated on the licence.
(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 45(2) of the Liquor Licence Act, the licence holder failed to facilitate an inspection relevant to the licence.
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, 3rd Floor Toronto, Ontario M2N 0A4 February 14, 2007
Presiding Board Member: Patricia McQuaid, Vice-Chair
Counsel for the Registrar: Bryan Kaplan
Agent for the Licensee: Len Carter
Exhibits: #1 Agreed Statement of Facts #2 Joint Submission on Disposition #3 Letter of Direction and Understanding
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 14, 2007, pursuant to a Notice of Proposal dated December 11, 2006, to suspend the liquor licence issued to Giuseppe Conte for premises operating as SWAY-BAR, 1335 St. Clair Avenue West, Toronto, Ontario, M6E 1C3, licence number 807758;
AND WHEREAS Len Carter, an agent, appeared on the licensee's behalf and waived his right to be represented by legal counsel;
AND WHEREAS the hearing proceeded by way of a written Agreed Statement of Facts (Exhibit #1), Joint Submission on Disposition (Exhibit #2) and Letter of Direction and Understanding (Exhibit #3) submitted by counsel for the Registrar and Len Carter, 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 30, 2006, there were approximately 16 people in an area licensed for 6 people. When advised of the overcrowding, the licensee became argumentative with the police.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under section 43 and subsection 45(1) of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act. The Board accepted the withdrawal of 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 Giuseppe Conte for premises operating as SWAY-BAR, 1335 St. Clair Avenue West, Toronto, Ontario, M6E 1C3, licence number 807758, be SUSPENDED for EIGHT (8) consecutive days to COMMENCE at 11:00 a.m. on April 2 , 2007 and CONTINUE until 2:00 a.m. on April 10, 2007.
DATED AT TORONTO THIS DAY OF 2007.
PATRICIA MCQUAID, VICE-CHAIR
PM/sm
Attached.
IN THE MATTER OF THE LIQUOR LICNECE ACT
R.S.O. 1990,c.L.19,s. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICNECE OF
GIUSEPPE CONTE,
OPERATING AS SWAY BAR,
1335 ST.CLAIR AVE W, TORONTO
LICENCE NO. 807758
AGREED STATEMENT OF FACTS
The Licensee having been advised of his right to Legal Counsel and having waived that right, through his 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 30, 2006, there were approximately 16 people in an area licensed for 6 people. When advised of the overcrowding, the licensee became argumentative with the police.
Based upon the above- admitted facts, the licence holder admits to a violation of section 43 and 45(1) of Revised Regulation 719/90 under the Liquor Licence Act.
The licence holder has no prior adverse record with the Commission.
JOINT SUBMISSION ON DISPOSITION
Whereas the licensee has shown remorse and cooperated with the Commission and has no prior adverse record with the Commission.
The Licensee, having been advised of his right to Legal Counsel and having waived that right, through his Agent, and Registrar's Counsel jointly submit that the following disposition is appropriate in these circumstances:
An eight (8) day suspension of liquor licence number 807758 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 the Board shall impose dates without further consultation with the Licence Holder.
Should the Board make thee 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 December 11, 2006.
Respectfully submitted this 13 day of February 2007,
Len Carter Bryna Kaplan
Agent to the Licence Holder Counsel to the Registrar, AGCO
Giuseppe Conte
Licence Holder