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-
Nava Restaurant Limited operating as Nava Restaurant & Bar
Licensee
DECISION
Panel: Kirsti Hunt, Vice-Chair, AGCO Beryl Ford, Board Member
Decision Date: December 3, 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 ) Rena Khan, Representative Nava Restaurant Limited, Licensee ) Noel Gerry, Representative
[1]. A hearing into Notice of Proposal (“NOP”) number 18035 dated May 3, 2010 to suspend a licence, NOP number 18308 dated October 6, 2010 to suspend a licence and letter of incident number 552271 for liquor licence number 202575 (the “licence”) issued to Nava Restaurant Limited (the “Licensee”) operating as NAVA RESTAURANT & BAR, 125 York Boulevard, Richmond Hill, Ontario, L4B 3B4, on the basis of alleged violations of section 29 of the Liquor Licence Act (the “LLA”) and section 45.1 and subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on November 15, 2010 in the City of Toronto.
[2]. Ms Khan and Mr. Gerry 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 November 6, 2009, December 27, 2009, January 24, 2010 and May 22, 2010, there were drunk patrons inside the licensed establishment.
On May 22, 2010, an intoxicated person was supplied liquor.
On December 27, 2009, an intoxicated male patron engaged in arguments with a crowd of patrons and police officers were required to disperse the situation and the crowd of people who had gathered outside of the establishment. The Licensee failed to ensure that reasonable measures were in place and reasonable efforts were made to deter disorderly conduct.
[3]. Based on the Agreed Statement of Facts, the Board found that the Licensee breached section 29 of the LLA and section 45.1 and subsection 45(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegations.
Order
[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 202575 issued to Nava Restaurant Limited operating as NAVA RESTAURANT & BAR, 125 York Boulevard, Richmond Hill, L4B 3B4, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on January 3, 2011, and CONTINUE until 2:00 a.m. on January 17, 2011.
DATED AT TORONTO THIS 3rd DAY OF December , 2010.
KIRSTI HUNT, VICE-CHAIR, AGCO BERYL FORD, BOARD MEMBER
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 NAVA RESTAURANT LTD. OPERATING AS NAVA RESTAURANT & BAR, 125 YORK BLVD, RICHMOND HILL, LICENCE NO. 0202575
NOTICES OF PROPOSAL NUMBER 18035, 18308 AND INCIDENT NUMBER 552271
NOTICES OF PROPOSAL ISSUED May 3, 2010, October 6, 2010 and Incident dated September 24, 2010
AGREED STATEMENT OF FACTS
The Licensee, after consultation with counsel or having being advised of the right to counsel and the Registrar agree to the following facts:
On May 22, 2010, January 24, 2010, December 27, 2009 and November 6, 2009 there were drunk patrons inside the licensed establishment.
Further that, on May 22, 2010 an intoxicated person was supplied liquor.
Further that, on December 27, 2009 an intoxicated male patron engaged in arguments with a crowd of patrons and police officers were required to disperse the situation and the crowd of people who had gathered outside of the establishment. The Licensee failed to ensure that reasonable measures were in place and reasonable efforts were made to deter disorderly conduct.
Based on the facts in paragraphs 1, 2, and 3 the licence holder admits to violations of sections 45(1) and 45.1 of Ontario Regulation 719/90 under the Liquor Licence Act and subsection 29 of the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
The Licence Holder and Registrar’s Counsel agree to the imposition of the following disposition based on the Agreed Facts:
A fourteen (14) day suspension of the liquor licence to start at 11:00 a.m. on Monday, January 3, 2011 and continue consecutively until 2:00 a.m. on Monday, January 17, 2011.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notices of Proposal.
Registrar’s Counsel and the Licence Holder consent to the amendment of the aforementioned Notices of Proposal to cite only those matters in the Agreed Facts and Agreement on Disposition. All other allegations in the Letter of Incident number 552271 are withdrawn.
RESPECTFULLY SUBMITTED,
Dated in Toronto this day of November, 2010
Michael William Wilson
For the Licence Holder
“I have the authority to bind the corporate licensee”
Rena Khan Counsel for the Registrar of Alcohol and Gaming