LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: CAFÉ NEO
782 St. Clair Ave. W.,
Toronto, Ontario
M6C 1B6
Licensee: Café Neo Inc.
Licence Number: 809978
Notice of Proposal: To SUSPEND a licence and to ADD a condition
Dated September 29, 2006.
The Proposal alleges that:
(a) contrary to subsection 34 (1) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder permitted a patron to remove liquor from the licensed premises.
(b) contrary to subsection 5(1) of the Liquor Licence Act liquor was unlawfully kept for sale, offered for sale, or sold in the premises not under the authority of a licence.
(c) 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.
(d) contrary to subsection 30(4) of the Liquor Licence Act, the licensee or the licensee’s employee or agent permitted a person who appeared to be under the age of 19 years to have or consume liquor in the licensed premises.
(e) contrary to subsection 41(1) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to inspect a piece of identification of a person apparently under the age of 19 years prior to selling or serving liquor to that person.
(f) pursuant to section 6(2)(e) of the Liquor Licence Act (“LLA”), the licensee made a false statement to the Board.
(g) contrary to section 52 of Ontario Regulation 719/90 under the Liquor Licence Act (the “O.Reg. 719/90”) the licence holder failed to post the licence in a conspicuous place in the premises to which the licence applies.
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Ave. E., 3rd Floor
Toronto, Ontario
M2N 0A4
January 30, 2007.
Presiding Board Members: Patricia McQuaid, Vice-Chair Brian J. Ford, Member
Counsel for the
Registrar: Bryna Kaplan
Attendance: Peter Kavidas, for the corporate 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 September 29, 2006 to suspend the liquor licence and to add a condition to the licence issued to Café Neo Inc. for premises operating as Café Neo, 782 St. Clair Ave. W., Toronto, Ontario, M6C 1B6, licence number 809978;
AND WHEREAS Peter Kavidas appeared on behalf of the corporate licensee 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 Mr. Kavidas, 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 July 14 and 15, 2006, the licensee participated in the “Salsa on St. Clair” festival. Liquor licence Inspectors found that the temporary patio constructed did not resemble the area as submitted in the application for a temporary patio. The patio constructed was larger than submitted and liquor was being sold, served and consumed in areas which had not been approved and were therefore unlicensed. The temporary extension licence was not posted.
On July 15, 2006, there were approximately 16 people in an area licensed for 6 people and approximately 41 people in an area licensed for 32 people.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 5(1) of the LLA and subsection 34 (1) and sections 43 and 52 of O. Reg. 719/90. The Board accepted the withdrawal of the remaining allegations, including the request for a condition, in the Notice of Proposal dated September 29, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Café Neo Inc. for premises operating as Café Neo, 782 St. Clair Ave. W., Toronto, Ontario, M6C 1B6, licence number 809978 be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on May 1, 2007, and CONTINUE until 2:00 a.m. on May 15, 2007.
DATED AT TORONTO THIS DAY OF 2007.
BRIAN J. FORD, BOARD MEMBER PATRICIA MCQUAID, VICE-CHAIR
BJF/mw
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 CAFÉ NEO INC. OPERATING AS CAFÉ NEO, 782 ST. CLAIR AVE. W., TORONTO,
LICENCE NUMBER 809978
AGREED STATEMENT OF FACTS
The Licensee, who has been advised of the licensee’s right to Legal Counsel and has waived that right and Registrar’s Counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence and to Add a Condition to the Licence dated September 29, 2006;
On July 14 and 15, 2006, the licensee participated in the “Salsa on St. Clair” festival. Liquor licence Inspectors found that the temporary patio constructed did not resemble the area as submitted in the application for a temporary patio. The patio constructed was larger than submitted and liquor was being sold, served and consumed in areas which had not been approved and were therefore unlicensed. The temporary extension licence was not posted.
On July 15, 2006, there were approximately 16 people in an area licensed for 6 people and approximately 41 people in an area licensed for 32 people.
Based on the above-admitted facts, the licence holder admits to violations of section 5(1) of the Liquor Licence Act and subsection 34 (1), 43 and 52 of Revised Regulation 719/90 under that same Act.
The licence holder has no prior record of suspension by the Board
JOINT SUBMISSIONS ON DISPOSITION
Whereas the licence holder has no prior record of suspensions by the Board;
The Licensee, who has been advised of the licensee’s right to Legal Counsel and has waived that right and Registrar’s Counsel, jointly submit that the following disposition is appropriate in these circumstances:
A fourteen (14) day suspension of liquor licence number 809978 to be served consecutively, from May 1, 2007 at 11 a.m. until May 15, 2007 at 2 a.m.
Should the Board make the findings as set out in the Agreed Statement of Facts and impose the disciplinary action as proposed above, the Registrar shall withdraw the remaining allegations contained in the Notice of Proposal dated September 29, 2006.
Respectfully submitted this 30th day of January, 2007.
Theodore (Peter) Panayotis Kavidas Bryan Kaplan
For the Corporate Licence Holder Counsel to the Registrar, AGCO
“I have the Authority to Bind the Corporation”