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-
Abebech Kasaye, operating as Ambasel Bar & Restaurant Licensee
ORDER
Panel: Allan Higdon, Board Member S. Grace Kerr, Board Member
Decision Date: June 9, 2010 Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto, Ontario 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 ) Phillip Morris, Representative Ambasel Bar & Restaurant, Licensee ) Abebech Kasaye, on her own behalf
Allegations
1A hearing into Notice of Proposal number 18085, dated May 19, 2010 to revoke, and an Order dated May 19, 2010 to immediately suspend a liquor licence on an interim basis liquor licence number 804374 (the “licence”) issued to Abebech Kasaye (the “Licensee”) operating as AMBASEL BAR & RESTAURANT, 1334A Danforth Avenue East, Toronto, ON M4J 1M9, on the basis of alleged violations of section 6 of the Liquor Licence Act (the “LLA”) and sections 25 and 29 as well as subsections 45(1), 50(c), 31(1)(b), and 31(1)(c) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, and also on the basis of an alleged breach of a condition on the licence was held on June 7, 2010 in the City of Toronto.
2Ms Kasaye, principal of the Licensee, advised the Board that she has attempted to contact and wishes to retain legal representation in this matter. She also wishes to retain the services of an interpreter (from English to Ethiopian, and the reverse) in this matter. Ms Kasaye requested an adjournment of the hearing to accommodate these requests.
Reasons and Order
3On May 19, 2010, the Registrar ordered that an interim suspension be placed on the licence in the interest of public safety and subject to an Order by the Board of the Alcohol and Gaming Commission of Ontario.
4The Board considered both the evidence at the hearing and the submissions of Mr. Morris and Ms Kasaye regarding rescission of the interim suspension order on terms acceptable to the Registrar. The Board is of the view that the lifting of the interim suspension order subject to conditions will compromise the public interest.
5Based on the seriousness of the allegations before it and the possible impact of those allegations on public safety, the Board FINDS that it is in the public interest that the Interim Suspension currently in place on liquor licence number 804374 issued to Abebech Kasaye operating as AMBASEL BAR & RESTAURANT, 1334A Danforth Avenue East, Toronto, ON M4J 1M9, remains in effect pending the return date of the hearing in this matter subject to any order of the Board otherwise before that date, and the Board so ORDERS.
6The matter is otherwise adjourned to a date to be set by the Hearings Co-ordinator, peremptory upon the Licensee.
DATED AT TORONTO THIS 9th DAY OF June, 2010
ALLAN HIGDON, BOARD MEMBER S. GRACE KERR, BOARD MEMBER