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-
Homa Devi Cheemanlall O/A West Bank Demarara Restaurant & Bar
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair Joan Lougheed, Board Member
Decision Date: May 23, 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 ) Phillip Morris, Representative Homa Devi Cheemanlall, Licensee ) Ravi Cheemanlall, on behalf of the licensee
A hearing into Notice of Proposal number 15984 dated February 5, 2008 to suspend liquor license number 28981 issued to Homa Devi Cheemanlall operating as WEST BANK DEMARARA RESTAURANT & BAR, 3439 St. Clair Avenue East, Toronto, Ontario, M1L 1W6, on the basis of alleged violations of section 29 of the Liquor Licence Act (“LLA”) and subsections 45(1) and 50(c) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on May 21, 2008 in the City of Toronto.
Homa Devi Cheemanlall is the Licensee. Ravi Cheemanlall is her husband and manager of the licensed premises. Mrs. Cheemanlall waived the right to legal representation.
Phillip Morris, Registrar’s Representative, and the Licensee 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 July 6, 2007, an intoxicated person entered the restaurant and was served liquor by the bartender. The owner immediately called a cab for the patron just as the police were entering the premises. The rear fire exit was not working.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 of the LLA and subsection 50(c) of the O.Reg. The Board accepted the withdrawal of the remaining allegation.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Homa Devi Cheemanlall operating as WEST BANK DEMARARA RESTAURANT & BAR, 3439 St. Clair Avenue East, Toronto, Ontario, M1L 1W6, be SUSPENDED for FIVE (5) consecutive days to COMMENCE at 11:00 a.m. on July 27, 2008, and CONTINUE until 2:00 a.m. on August 1, 2008.
DATED AT TORONTO THIS 23rd DAY OF MAY, 2008.
JOAN LOUGHEED, BOARD MEMBER PATRICIA MCQUAID, VICE-CHAIR
JL/cp
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 HOMA DEVI CHEEMANLALL OPERATING AS WEST BANK DEMARARA RESTAURANT, 3439 ST. CLAIR AVE. E., TORONTO LICENCE NO. 28981
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED FEBRUARY 5, 2008.
AGREED STATEMENT OF FACTS
The licensee, having being advised of the right to counsel and having waived that right, and the Registrar agree to the following facts:
On July 6, 2007, an intoxicated person entered the restaurant and was served liquor by the bartender. The owner immediately called a cab for the patron just as the police were entering the premises. The rear fire exit was not working.
Based on paragraph 1, the licensee breached s. 29 of the Liquor Licence Act and s. 50(c) of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
JOINT SUBMISSIONS ON DISPOSITION
The licensee, having waived that right, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 28981 for a period of 5 days commencing at 11:00 a.m. on July 27, 2008 and ending at 2:00 a.m. on August 1, 2008.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 21ST DAY OF MAY, 2008.
RESPECTFULLY SUBMITTED,
Homa Devi Cheemanlall Phillip Morris For Registrar’s Counsel Licensee