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-
Castelo Sports Bar Inc. O/A Castelo Sports Bar Inc.
Licensee
DECISION
Panel: Dianne Axmith, Board Member
Decision Date: January 17, 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 ) Daniel Alakas, Representative
Castelo Sports Bar Inc., Licensee ) Randall Barrs, Representative
[1]. A teleconference hearing into Notice of Proposal number 15609 dated August 24, 2007 to suspend a licence and add a condition to liquor licence number 804936 issued to Castelo Sports Bar Inc., operating as CASTELO SPORTS BAR INC., 1468 St. Clair Avenue West, Toronto, Ontario, M6E 1C6, on the basis of alleged violation of subsections 5(1), 45(1), and 45(2) of the Liquor Licence Act (“LLA”) and subsections 34(1), and 44(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on January 14, 2008 in the City of Toronto.
[2]. Daniel Alakas, Registrar’s Representative, and Randall Barrs, 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 March 31, 2007 while attending the premises to serve a suspension placard, a liquor inspector observed an unauthorized person behind the bar. At that time, the person left in charge of the premises failed to open a locked door to an unlicensed basement area in a timely fashion. Patrons were consuming liquor in this unlicensed basement area. Late, on the same date, the liquor inspector observed that three patrons had removed liquor from the licensed area of the premises and were consuming the liquor in the unlicensed basement area.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1), and 45(2) of the LLA and subsection 34(1), and 44(1) of the O. Reg. The Board accepted the withdrawal of the remaining allegation.
Order
[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Castelo Sports Bar Inc., operating as CASTELO SPORTS BAR INC., 1468 St. Clair Avenue West, Toronto, Ontario, M6E 1C6, be SUSPENDED for fifteen (15) consecutive days to COMMENCE at 11:00 a.m. on March 16, 2008, and CONTINUE until 2:00 a.m. on March 31, 2008.
On consent of the parties, the Board ORDERS the following condition to be attached to the licence:
The door to the unlicensed basement area must remain unlocked at all times while people are in the licensed area of the premises.
DATED AT TORONTO THIS 17th DAY OF JANUARY, 2008.
DIANNE AXMITH, 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 CASTELO SPORTS BAR INC. OPERATING AS
CASTELO SPORTS BAR INC., 1468 ST. CLAIR AVENUE WEST, TORONTO, ONTARIO
LICENCE NUMBER 804936
AND IN THE MATTER OF A NOTICE OF PROPOSAL NO.
15609 ISSUED AUGUST 24, 2007.
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel and the Registrar agree to the following facts:
On March 31, 2007 while attending the premises to serve a suspension placard, a liquor inspector observed an unauthorized person behind the bar. At that time, the person left in charge of the premises failed to open a locked door to an unlicensed basement area. Late, on the same date, the liquor inspector observed that three patrons had removed liquor from the licensed area of the premises and were consuming the liquor in the unlicensed basement area.
Based on the above mentioned facts, the licensee admits to having breached Section 45(1) of the Liquor Licence Act by obstructing a person carrying out an inspection under the Act.
Based on the above mentioned facts the licensee admits to having breached Section 44(1) of the Liquor Licence Act by failing to facilitate an inspection relevant to the licence.
Based on the above mentioned facts the licensee admits to having breached Section 34(1) of Ontario Regulation 719/90 by permitting a person to remove liquor from the licensed premises.
Based on the above mentioned facts the licensee admits to having breached Section 44(1) of Ontario Regulation 719/90 by failing to ensure that no person was allowed to enter behind the bar of the licensed premises while liquor was being sold or served.
The licensee has served a prior liquor licence suspension of seven (7) for violations of Sections 34(1) and 44(1) of Ontario Regulation 719/90.
JOINT SUBMISSIONS ON DISPOSITION
The licensee after consulting with counsel and the Registrar’s representative jointly submits that the following disposition is appropriate in the circumstances:
There shall be a fifteen (15) day suspension of liquor licence number 804936 commencing at 11:00a.m. Sunday March 16, 2008 and ending at 2:00 a.m. on Monday March 31, 2008.
A condition shall be added to the licence that the door to the unlicensed basement area must remain unlocked at a ll times while people are in the licensed area of the premises.
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 #15609.
DATED AT TORONTO, THIS 11TH DAY OF JANUARY 2008.
RESPECTFULLY SUBMITTED,
For the licence holder Daniel ALAKAS
“I have authority to bind the licensee” Registrar’s Representative