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-
Tsinfeadam Ambachew O/A Adam Bar and Grill Restaurant
Licensee
DECISION
Panel: Dianne Axmith, Board Member S. Grace Kerr, Board Member
Decision Date: January 30, 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
Tsinfeadam Ambachew, Licensee ) Aliamisse Mundulai, Representative
A hearing into Notice of Proposal number 15451 dated July 13, 2007 to suspend liquor licence number 202340 issued to Tsinfeadam Ambachew operating as ADAM BAR AND GRILL RESTAURANT, 875 Bloor Street West, Toronto, Ontario, M6G 1M4, on the basis of alleged violations of subsection 25(1) and section 29 of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”) was held on January 18, 2008 in the City of Toronto.
Richard Kulis, Registrar’s Representative, and Aliamisse Mundulai, 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:
The signs of the service and consumption of liquor were not cleared from the licensed premises by 2:45 a.m. on March 18, 2007 (3:17 a.m.) and April 1, 2007 (3:38 a.m.)
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 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 Tsinfeadam Ambachew operating as ADAM BAR AND GRILL RESTAURANT, 875 Bloor Street West, Toronto, Ontario, M6G 1M4, be SUSPENDED for five (5) consecutive days to COMMENCE at 11:00 a.m. on March 23, 2008, and CONTINUE until 2:00 a.m. on March 28, 2008.
DATED AT TORONTO THIS 30^th^ DAY OF JANUARY, 2008.
DIANNE AXMITH, BOARD MEMBER S. GRACE KERR, BOARD MEMBER
DA/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 TSINFEADAM AMBACHEW OPERATING AS
ADAM BAR & GRILL RESTAURANT
875 BLOOR STREET WEST, TORONTO
LICENCE NUMBER 202340
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel, and Registrar’s representative agree to the following:
The signs of the service and consumption of liquor were not cleared from the licensed premises by 2:45 am on March 18, 2007 (3:17 am) and April 1, 2007 (3:38 am).
Based on the facts in paragraph 1, the licence holder admits to violations of section 29 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 five (5) day suspension of the liquor licence.
Should the Board members make the finding as agreed to and impose the disciplinary action as recommended, then Registrar’s representative will withdraw the remaining allegations in the Notice of Proposal dated July 13, 2007.
Dated in Toronto this 18th day of January, 2007.
for the licence holder Richard E. Kulis, for the Registrar of the AGCO