LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: ZENA’S DINER 2703 Eglinton Avenue East Scarborough, Ontario M1K 2S2
Licensees: Fouad and Bahia Hakeem Licence Number: 805344
Notice of Proposal: To SUSPEND a licence Dated August 14, 2006
The Proposal alleges that:
(a) Contrary to subsection 30.1(1) under the Liquor Licence Act, the licence holder failed to display the Fetal Alcohol Spectrum Disorder warning sign while selling or supplying liquor or offering to sell or supply liquor.
(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, 3rd Floor Toronto, Ontario M2N 0A4 January 8, 2007
Presiding Board Member: Alex McCauley, Member Patricia McQuaid, Vice-Chair
Counsel for the
Registrar: Joyce Taylor
Attendance: Fouad Hakeem, licensee and for the partnership
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 8, 2007, pursuant to a Notice of Proposal dated August 14, 2006 to suspend the liquor licence issued to Fouad and Bahia Hakeem for premises operating as ZENA’S DINER, 2703 Eglinton Avenue East, Scarborough, Ontario, M1K 2S2, licence number 805344;
AND WHEREAS Fouad Hakeem, appeared on behalf of the licensees and waived their 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 Fouad Hakeem, appearing on behalf of the licensees, 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 9, 2006 one drunken patron was permitted in the premises.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45(1) of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act. The Board accepted the withdrawal of the remaining allegation contained in the Notice of Proposal dated August 14, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Fouad and Bahia Hakeem for premises operating as ZENA’S DINER, 2703 Eglinton Avenue East, Scarborough, Ontario, M1K 2S2, licence number 805344, be SUSPENDED for FIVE (5) consecutive days to COMMENCE at 11:00 a.m. on March 26, 2007 and CONTINUE until 2:00 a.m. on March 31, 2007.
DATED AT TORONTO THIS DAY OF 2007.
ALEX MCCAULEY, BOARD MEMBER PATRICIA MCQUAID, VICE-CHAIR
AM/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 BAHIA HAKEEM AND FOUD (FRED) HAKEEM.
OPERATING AS ZENA’S DINER, 2703M EGLINTON AVE. E., TORONTO LICENCE NO. : 805344
AGREED STATEMENT OF FACTS
The Licensees, who have been advised of their right to counsel and having waived that right and chosen to proceed without a lawyer, agrees with the Registrar’s counsel of the following facts in relation to the Notice of Proposal to Suspend a Licence Dated August 14, 2006.
On June 9, 2006 one drunken patron was permitted in the premises.
Based on the above-mentioned facts, the licensee admits to having breached section 45(1) of Ontario Revised Regulation 719/90, as amended.
The licensee are cooperative with the local police and have undertaken to ensure that this infraction will not take place again..
JOINT SUBMISSIONS ON DISPOSITION
Whereas this licensee served a 17 day suspension in 20002 for failing to purchase liquor on licence and received a warning for breach of section 50(c) of Ontario Revised Regulation 719/90 (compliance with Fire Protection and Prevention Act) in March 2006.
The licensee, who has been advised of his right to counsel and having waived that right and chosen to proceed without a lawyer, jointly submits with Registrar’s counsel that the following disposition is appropriate in the circumstances.
There will be a five (5) day suspension of liquor licence 805344 to be served commencing at 11:00 a.m. on March 26, 2007 and continuing until March 31, 2007 at 2:00 a.m.
Should the Board accept the Agreed Statement of Facts and order the Joint Submission on Disposition as set out herein, the Registrar shall withdraw all remaining allegations as set out in the Notice of Proposal to Suspend a Licence dated August 14, 2006.
Respectfully submitted the 8th day of January, 2007.
Foud (Fred) Hakeem Joyce A. Taylor
Licensee and for the Partnership Registrar’s Counsel