Alcohol and Gaming Commission of Ontario
IN THE MATTER OF The:
Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission Ontario Registrar
-and-
Il Gatto Nero Inc. O/A Il Gatto Nero Licensee
DECISION
Panel: David C. Gavsie, Chair, AGCO Alex McCauley, Board Member Joan Lougheed, Board Member
Decision Date: May 5, 2008
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone: (416) 326-0366 Toll Free In Ontario: 1-800-522-2876 Fax: (416) 326-5566 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Richard Kulis, Representative Il Gatto Nero Inc., Licensee ) David Winer, Representative
A hearing into Notice of Proposal number 15872 dated December 19, 2007 to suspend liquor licence number 805244 issued to Il Gatto Nero Inc. operating as IL GATTO NERO, 720 College Street, Toronto, Ontario, M6G 1C3, on the basis of an alleged violation of section 43 of Ontario Revised Regulation 719/90 ("O.Reg") made pursuant to the Liquor Licence Act ("LLA") was held on April 28, 2008 in the City of Toronto.
Richard Kulis, Registrar's Representative, and David Winer, Licensee's Representative, submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision. It was agreed and admitted that:
On June 16, 2007 there were 58 people in a patio licensed for 44 people.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 of the O.Reg.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Il Gatto Nero Inc. operating as IL GATTO NERO, 720 College Street, Toronto, Ontario, M6G 1C3, be SUSPENDED for FOUR (4) consecutive days to COMMENCE at 11:00 a.m. on May 17, 2008, and CONTINUE until 2:00 a.m. on May 21, 2008.
DATED AT TORONTO THIS 5th DAY OF MAY, 2008.
ALEX MCCAULEY, BOARD MEMBER DAVID C. GAVSIE, CHAIR, AGCO
_________________________________ JOAN LOUGHEED, BOARD MEMBER
AM/cp
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, chapter L.19, subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF IL GATTO NERO INC. OPERATING AS IL GATTO NERO, 720 COLLEGE STREET, TORONTO LICENCE NUMBER 805244 NOTICE OF PROPOSAL NUMBER 15872
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel, and Registrar's representative agree to the following:
On June 16, 2007 there were 58 people in a patio licensed for 44 people.
Based on the facts in paragraph 1, the licence holder admits to a violation of section 43 of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has no prior adverse record with the Commission.
-2-
Joint Submission Regarding Disposition
The Licence Holder, having consulted with legal counsel, and Registrar's representative submit that the following disposition is appropriate in these circumstances:
- A four (4) day suspension of the liquor licence to start at 11:00 am on Saturday, May 17, 2008 until 2:00 am on Wednesday, May 21, 2008.
Dated in Toronto this 28th day of April, 2008.
for the licence holder Richard E. Kulis, for the Registrar of the AGCO