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 of Ontario Registrar
-and-
Tsinfeadam Ambachew O/A Adam Bar and Grill Restaurant Licensee
DECISION ON FINDINGS
Panel: Beryl Ford, Board Member Allan Higdon, Board Member
Decision Date: October 9, 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 Fax: (416) 326-5566 Toll Free In Ontario: 1-800-522-2876 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Daniel Alakas, Representative Tsinfeadam Ambachew, Licensee ) Aliamisse Mundulai, Representative
Allegations
- A hearing into a Notice of Proposal (“NOP”) dated May 27, 2008 to suspend liquor licence number 202340 (the “Licence”) issued to Tsinfeadam Ambachew (the “Licensee”) operating as ADAM BAR AND GRILL RESTAURANT, 875 Bloor Street West, Toronto, Ontario, M6G 1M4 (the “Premises”) on the basis of alleged violations of section 29 and subsection 25(1) of Ontario Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”) was held on August 7, 2008 in the City of Toronto.
Decision
- After considering all the evidence and submissions the Board FINDS the Licensee violated section 29 and subsection 25(1) of the O.Reg. Reasons follow.
Preliminary Matters
Mr. Mundulai requested the Hearing be adjourned until another date due to the delay in starting the Hearing.
It was explained to Mr. Mundulai that the delay was unavoidable due to another matter being dealt with earlier. There were no objections to this request by Counsel for the Registrar. The Board considered the request and determined that although the start of the hearing was delayed for reasons beyond its control it would proceed without further delay. The motion to adjourn to a later date was denied.
Registrar’s Evidence
Mr. Devin Sookdeo is an inspector with the Alcohol and Gaming Commission of Ontario (“AGCO”), a position he has held since January 2006. Inspector Sookdeo has been employed by the AGCO since 1988 in other positions within the organization.
Inspector Sookdeo arrived at the establishment, Adam’s Bar and Grill, on January 6th 2008, at 3:06 a.m., in the company of AGCO inspector Ryan Baird. They were engaged in routine liquor inspections in the area.
On arrival, the inspectors observed the owner, Mr. Ambachew, looking out the front window of the establishment. The two inspectors looked in through the front window and observed numerous patrons drinking what appeared to be beer from plastic cups inside the establishment.
The inspectors went to the front door of the Premises where they were met by Mr. Ambachew.
The inspectors entered the Premises and observed the bar on the west side of the Premises. Patrons were gathered around the bar area, some standing and some seated. They were in conversation with each other. Inspector Sookdeo could not recall if music was playing at that time.
Inspector Sookdeo observed numerous patrons consuming drinks from white plastic cups. The liquid in some cups was amber in colour with what appeared to be a foam top. Inspector Sookdeo smelled the liquid and also felt that the cups were cold to the touch. He determined the cups contained beer and, based on the temperature of the cups, the contents had been served after 2:00 a.m.
Inspector Sookdeo estimated there were 20 to 40 patrons in the Premises when they entered; numerous patrons were in the back area of the establishment.
Inspector Sookdeo spoke to the Licensee, Mr. Ambachew, and advised him that sale and service of alcohol must cease at 2:00 a.m., and all signs of service must be cleared by 2:45 a.m.
It was obvious to Inspector Sookdeo that beer was being consumed by patrons and signs of service had not been cleared at 3:06 a.m. The Inspector determined clear violations of the LLA were taking place.
Inspector Sookdeo advised Mr. Ambachew of the infractions and told him he would submit a report of his observations to his AGCO Supervisor for disposition of the violations.
Mr. Ambachew, whom Inspector Sookdeo referred to as Adam, was initially friendly with the inspectors upon their arrival but became upset when told of the infractions. He said to Inspector Sookdeo: “only once a year” and stated that he closes at 1:00 a.m. all other days of the year.
Inspector Sookdeo told the Licensee he must follow the rules. The Inspector departed the Premises at 3:10 a.m.
Inspector Sookdeo testified he interpreted the Licensee’s comment, “only once a year”, to mean he only serves after hours once a year and assumed that it was a celebratory event.
The Inspector had no idea how many staff were working that night. He is familiar with the Premises and stated that usually it is the Licensee and perhaps one