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: September 22, 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 ) Paul Saguil, Representative Ambasel Bar & Restaurant, Licensee ) Isaac Ige, Representative
Allegations
- A 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 commenced on June 7 and was continued on September 15, 2010 in the City of Toronto.
Reasons and Order
On May 19, 2010, the Registrar ordered that an interim suspension be placed on the licence (“the interim suspension”) in the interest of public safety and subject to an Order by the Board of the Alcohol and Gaming Commission of Ontario.
By the Board’s Order dated June 8, 2010, the interim suspension was continued.
The Board considered both the evidence at the continuation of the hearing on September 15, 2010 (see Exhibit 1, Agreed Statement of Facts), attached hereto, and the submissions of Mr. Saguil and Mr. Ige 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 subject to conditions will compromise the public interest.
Based on the seriousness of the Licensee’s admissions in Exhibit 1, and the possible impact 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 Board’s final Decision, and the Board so ORDERS.
DATED AT TORONTO THIS 22 DAY OF September , 2010
ALLAN HIGDON, BOARD MEMBER S. GRACE KERR, BOARD MEMBER ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF the Liquor Licence Act;
AND IN THE MATTER OF the Ambasel Bar & Restaurant, Liquor Sales Licence No. 804374
Agreed Statement of Facts
WHEREAS on May 19, 2010, the Registrar gave Notice proposing to revoke Liquor Sales Licence No. 804374 issued with respect to the premises known as Ambasel Bar & Restaurant;
AND WHEREAS the Licensee filed a request for hearing with respect to the Notice;
AND WHEREAS the Licensee and the Registrar desire to expedite the hearing;
AND WHEREAS the Licensee has obtained independent legal advice regarding this matter;
THEREFORE the Licensee and the Registrar agree to the following for the purposes of the hearing:
The Licensee operates the establishment known as Ambasel Bar & Restaurant.
Liquor Sales Licence No. 804374 (“the Licence”) was issued with respect to Ambasel Bar & Restaurant. It is a condition of the Licence that the front door of the establishment shall be kept unlocked at all times when there are patrons in the establishment.
On January 9, 2010, at or about 5:28 a.m., police officers from the Toronto Police Service (“TPS”) attended at the establishment to investigate a report of a fight taking place. The TPS officers could not gain access to the establishment as the front and rear doors were locked. However, they could hear music and people talking from the rear of the building.
On January 11, 2010, at or about 3:08 a.m., TPS officers attended the establishment to investigate a taxi fare dispute. The front door was locked when the officers arrived, but they were able to gain entry through the rear door. There were approximately 10 to 15 patrons inside the bar and alcohol was still being served. The bartender and the Licensee were issued a warning by the TPS officers about serving alcohol after prescribed hours.
On April 11, 2010, TPS officers attended the establishment to investigate a complaint from a patron, Eseyas Yamane (“Yamane”). Yamane reported that, from approximately 2:00 a.m. until 7:00 a.m., he consumed numerous alcoholic beverages at the establishment. He also claimed that he was assaulted and robbed in the establishment by several other patrons and that neither the Licensee nor the staff at the establishment intervened. TPS officers found Yamane and other patrons who were leaving the establishment at the time to be intoxicated.
On May 2, 2010, TPS officers attended the establishment to investigate a complaint from a patron, Dereje Yimer (“Yimer”). Yimer reported that, from approximately 2:00 a.m. until 6:00 a.m. he consumed numerous alcoholic beverages at the establishment. He also claimed that he was assaulted and robbed in the establishment by several other patrons and that neither the Licensee nor the staff at the establishment intervened. TPS officers found Yimer and other patrons who were leaving the establishment at the time to be intoxicated. Yimer had a cut lip and a swollen face and was taken to the hospital for treatment.
On May 9, 2010, from approximately 2:00 a.m. until 3:45 a.m., TPS officers conducted surveillance outside the establishment. During this period, numerous patrons were observed entering the establishment. When the patrons arrived at the front door, a person from inside the establishment would unlock the front door and then lock it once the patrons entered.
On May 16, 2010, at or about 4:18 a.m., TPS officers and AGCO inspectors conducted an authorized search of the establishment. The front door was found to be locked and secured shut and thus had to be removed by force. The rear fire exit door was bolted shut and the fire exit sign was not illuminated. There were several patrons inside the bar and alcohol was still being served. One patron was arrested for possession of a controlled substance (marijuana). The liquor menu was found to not contain the portion sixes for the scotch, gin, rum, vodka, or cognac kept for sale. Beer not purchased under the Licence and Japanese sake not available from the LCBO were found in the establishment. In addition, an analysis of samples taken from open beer bottles found at the establishment revealed that the contained liquor with alcohol content ranging from 5.1% to 5.7% by volume.
Prior to the events described at paras. 3 to 8 above, warnings had been issued to the Licensee regarding violations of the Liquor Licence Act and the Regulations thereto, including:
On May 23, 2009, AGCO inspectors conducted a spot investigation of the establishment. The Licensee could not produce her “Smart Serve” certificate or the liquor menu for inspection. A bottle of rum was found at the establishment with a receipt indicating that it was not purchased under the Licence.
On July 17, 2009, TPS officers and AGCO inspectors attended at the establishment to speak to the Licensee about an investigation of a complaint received on July 12, 2009, that a patron was assaulted and confronted with a gun at the establishment.
On February 25, 2010, TPS officers and AGCO inspectors attended at the establishment to speak to the Licensee about an investigation of a complaint received on February 13, 2010, that alcohol was being served at the establishment after prescribed hours. The rear doors were found to be secured by deadbolts and the fire exit sign was not illuminated. The liquor menu was found to not contain portion size information for mixed drinks. A 375mL bottle labelled “Everclear Grain Alcohol, 95% alc. by vol., 190 proof” was found in the establishment. A receipt was also found indicating that $133.70 of alcohol was not purchased under the Licence.
Based on the foregoing, the Licensee admits to violations of ss. 25, 29, 31(1)(b), 31(1)(c), 45(1) and 50(c) of O.Reg 719/90 under the Liquor Licence Act and to a breach of the condition under the Licence that the front door of the establishment shall be kept unlocked at all times when there are patrons in the establishment
Dated in Toronto this 15th day of September, 2010
Isaac Ige Abebech Kasaye (Representative of the Licensee) (Licensee of Record)
Paul Jonathan Saguil Counsel for the Registrar