Registrar, Alcohol and Gaming Commission Ontario v. Israelite Nation World Wide Ministries Inc., 2008 CanLII 6137

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-

Israelite Nation World Wide Ministries Inc. intending to operate as

Casa Bella Banquet and Catering

Applicant

DECISION

Panel: Bruce Monteith, Board Member

Alex McCauley, Board Member

Decision Date: January 11, 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

Israelite Nation World )

Wide Ministries Inc., Applicant ) Garth Bobb, Representative

The Application

1. The Registrar of the Alcohol and Gaming Commission of Ontario issued Notice of Proposal number 15198 dated May 7, 2007 to review an application for a liquor licence from Israelite Nation World Wide Ministries Inc. (the “Applicant”), for CASA BELLA BANQUET & CATERING, 2080 Dufferin Street, Second Floor, Toronto, Ontario, M6E 3R7, establishment number 812500, alleging the Applicant is not entitled to a liquor licence pursuant to subsections 6(2)(d), (f) and 5(1) of the Liquor Licence Act ("LLA"). A hearing of the application was held on July 26, 2007 in the City of Toronto.

Decision

2. After considering all the evidence and submissions the Board DENIES the application. Reasons for these findings follow.

Registrar’s Evidence

3. Kimberley Quigley is a Police Officer with the Toronto Police Service. She has been a police officer for 17 years and is attached to the Community Response Unit.

4. On February 4, 2007, she was instructed by her superior officer, Inspector Kinsman, to contact the City regarding opposition to the application. Exhibit 1 is a letter from the Toronto Police Service opposing the application.

5. Accompanied by Constables Dupuis and De Guzman she attended at Casa Bella on February 4, 2007 at 8:35 p.m. to investigate the application. On arrival she was confronted by several males who were obviously not pleased to see her. She identified herself and entered. She observed a 2 level permanent bar area with bottles of alcohol on the counter and a bottle fridge behind it.

6. A male was standing at the bar. He had a highball glass full of straw coloured liquid in front of him. He knocked the glass over, picked it up and sat it on the bar. Constable Quigley picked up the glass which was still ¼ full and determined it was white wine.

7. The male advised her that the persons in charge of the bar had left. He did not know who would be locking up the bar. Another male then entered the bar area and began removing glasses from a cupboard and placing them in a box.

8. A female approached Officer Quigley to ask why she was targeting them. Officer Quigley explained that, despite not having a liquor licence or a Special Occasion Permit, liquor was being served in the establishment. She advised the female that this incident could affect the liquor licence application and that charges were pending. Two 4 litre boxes of wine, beer and spirit glasses, a beer case containing 62 empty beer bottles, and an empty brandy bottle were seized from the Premises. There was no objection to the removal of the liquor.

9. On cross-examination, Officer Quigley explained that she concluded that the males carrying bags full of garbage from the premises were cleaning up after an event. She stated that the female who appeared to be in charge did not reply when asked who would lock up at the end of the evening.

10. Noel de Guzman is a Police Officer with 13 Division Community Response team. He attended Casa Bella on February 4, 2007 with Officers Quigley and Dupuis. He interviewed a pregnant young woman who told him the wine had been used at a party.

11. Another woman gave him a phone number for Lina Vesico who was identified as the person in charge of the Premises. He called the number and spoke to Ms Vesico. He informed her that an application for a licence was not the same as a licence and did not permit the service of alcohol.

12. On cross-examination, Officer de Guzman was asked to describe Holy Communion, which he did. He was asked whether he had ever investigated a Catholic Church Communion, which he denied. He agreed he had not seen liquor served or sold in the premises.

13. On re-examination, Officer de Guzman testified the remaining people in the room became aggressive when the wine was seized.

14. Nicholaus Dupuis is also a Police Officer presently in training with the Community Response Team. He testified that he observed children, well dressed men, and women in evening gowns when entering the establishment. Glasses of amber liquid were on the bar and the people drinking from them advised him that it was liquor.

15. There were approximately 20 adults and 15 to 20 children in the room. In his estimation an after party clean up was going on.

Applicant’s Evidence

16. Tony Castrilli has been the Treasurer, Priest, and Elder of the Applicant for 17 years. The Israelite Nation is run by a Board and can perform marriages. Every 7 years there is a spiritual gathering. It is necessary to their culture to drink alcohol. On February 4, 2007 they were celebrating the coming of age of one of their members. Exhibit 2 contained 9 SOPs from previous events.

17. On cross-examination, Mr. Castrilli said that Holy Communion was a part of the mass. Liquor was consumed, not sold. The liquor is supplied by the parents. There was no indication on the previous SOPs as to who had purchased the alcohol.

18. On re-examination, Mr. Castrilli explained that the service was in the eating of food and the drinking of alcohol. He also made it very plain that he was not the manager of Casa Bella and had nothing to do with the overall running of Casa Bella.

Registrar’s Submissions

18. The Registrar opposes the granting of a liquor licence to the Israelite Nation World Wide Ministries Inc., for Casa Bella Banquet and Catering. They had applied for but had not received a liquor licence. There was no SOP issued. Despite this they decided to go ahead with the event.

19. Three police officers attended at Casa Bella on February 4, 2007 and found evidence of alcohol. All agreed that Lina Vesico was in charge but she was not called as a witness to explain how the event was organized. The family allegedly responsible for the party was not called to testify at the hearing. Mr. Castrilli was not clear on the organization of the events.

20. Mr. Castrilli admitted that the religious ceremonies, or feasts, took place at another location. What took place at Casa Bella was a party. It is clear from his testimony and the Special Occasion Permits (Exhibit 2) that these feasts take place on a regular basis.

21. If the Applicant was charging for liquor then it was selling liquor without a licence or permit contrary to subsection 5(1) of the LLA. If the family was picking up the cost then they could have applied for a no sale SOP and the Applicant would not need a licence. Without a licence or an SOP the Applicant conducted itself contrary to the requirements of the LLA which conduct provides reasonable grounds to believe the Applicant will not carry on business in accordance with the law and with integrity and honesty.

Applicant’s Submissions

22. Mr. Bobb did not contest the aggressive reaction to the police. He said it was a normal reaction.

23. He submitted that Registrar’s counsel did not understand the Israelite culture. The assertion that Mr. Castrilli admitted that the religious ceremony took place in another location was not part of the testimony. Mr. Castrilli clearly stated that the events in the sanctuary and the hall were both equally important aspects in an entirely religious coming of age ceremony. The reason that the family did not recover the cost of the ceremony was because their culture was about giving and not receiving. The Applicant was not in contravention as there was no evidence of any sale of alcohol.

24. Mr. Bobb explained that the Israelite Nation had two locations out of which they currently operate, one being the Sanctuary and the other a place for many feasts. The Israelite Nation was in process of attaining the required permits and zoning from the City of Toronto to enable them to occupy the first floor at 2080 Dufferin Street for religious activities and that they hoped to use the second floor for catering weddings and banquets to offset their church operating expenses. Mr. Bobb said it was the catering situations where a liquor licence was required and not for in-house ceremonies.

25. He concluded by saying that the organization was not in contravention as the police did not submit testimony of any sale of alcohol.

Reply

26. There was no evidence about the Applicant’s desire to cater weddings or banquets. The Board did not have the opportunity to hear from witnesses who could speak to the running of a banquet and catering service. The evidence before the Board is about a religious organization whose feasts would be better covered by the permitting process.

Reasons & Analysis

27. The Board accepts the evidence as given by the police officers that an event had just concluded on the Premises and that alcohol had been served and consumed at this event. Their evidence was clear, concise, and direct. They arrived at what they described as a clean up after a party where alcohol was served. There was no license or special occasion permit to allow this. Mr. Castrilli could not explain how the family recouped the cost of the alcohol at the feast. Even if it was given away, the fact remains that there was no license or SOP in place and that, therefore, they were breaking the law.

28. The Board is satisfied that a telephone conversation occurred between Constable de Guzman and Lina Vescio, the person in charge of events at Casa Bella. In that conversation Ms. Vesico advised the officer that a licence had been applied for but had not been issued.

29. The Board is satisfied based on the evidence that there was no licence to serve liquor on the premises on February 4, 2007. The Board is also satisfied that the Applicant was aware a licence or Special Occasion Permit was required to serve alcohol on that occasion. The Applicant went ahead with the event without a valid license or SOP.

30. There is no evidence alcohol was kept for sale, offered for sale, or sold on February 4, 2007. Therefore, the Board DISMISSES the alleged breach of subsection 5(1) of the LLA. The Board further DISMISSES the alleged breach of subsection 6(2)(f). There is no evidence that, had the Applicant been licensed, its activities would be in contravention of the LLA.

31. However, the Board finds that serving alcohol without either a liquor licence or an SOP, which the Applicant knew was required, was conduct which affords reasonable grounds for belief the Applicant will not carry on business in accordance with the law. The Board FINDS the Applicant’s conduct does not meet the requirements of subsection 6(2)(d) of the LLA and it is, therefore, not entitled to a liquor licence.

Conclusion

32. For the above reasons, the Board DENIES the application for a liquor licence made by the Israelite Nation World Wide Ministries Inc., intending to operate as CASA BELLA BANQUET & CATERING, 2080 Dufferin Street, Second Floor, Toronto, Ontario, M6E 3R7, establishment number 812500.

DATED AT TORONTO THIS 11th DAY OF JANUARY, 2008

BRUCE MONTEITH, BOARD MEMBER ALEX MCCAULEY, BOAD MEMBER

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