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-
Blue Nile Restaurant Ltd. operating as Blue Nile Restaurant
Licensee
DECISION
Panel: Eleanor Meslin, Board Member
Decision Date: December 1, 2010
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, Suite 200
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
Blue Nile Restaurant Ltd., Licensee ) Howard Morton, Representative
A teleconference hearing into Notice of Proposal number 18101 dated May 27, 2010 to suspend liquor licence number 202387 (the “licence”) issued to Blue Nile Restaurant Ltd. (the “Licensee”) operating as BLUE NILE RESTAURANT, 1260 Danforth Avenue, Toronto, Ontario, M4J 1M6, on the basis of an alleged violation of subsection 45(2) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act (the “LLA”), was held on November 3, 2010 in the City of Toronto.
Mr. Morris and Mr. Morton 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 January 13, 2010, the Licensee’s manager, Tariku Semunegus, sold crack cocaine to an undercover police officer in the licensed premises.
- Based on the Agreed Statement of Facts, the Board found that the Licensee breached subsection 45(2) of the O.Reg.
Order
Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 202387 issued to Blue Nile Restaurant Ltd. operating as BLUE NILE RESTAURANT, 1260 Danforth Avenue, Toronto, Ontario, M4J 1M6, be SUSPENDED for FORTY-FIVE (45) consecutive days to COMMENCE at 11:00 a.m. on January 10, 2011, and CONTINUE until 2:00 a.m. on February 24, 2011.
Further, the Board ORDERS that the following condition be attached to the licence:
- The licensee shall not permit Tariku Semunegus to be involved in the operation and financing of the business, including as an officer, director, shareholder, manager and employee, and shall not permit Tariku Semunegus to be in the premises.
DATED AT TORONTO THIS 1st DAY OF December , 2010.
ELEANOR MESLIN, 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 BLUE
NILE RESTAURANT LTD. OPERATING AS BLUE NILE
RESTAURANT, 1260 DANFORTH AVE., TORONTO
LICENCE NO. 202387
AND IN THE MATTER OF A NOTICE OF PROPOSAL NO. 18101
ISUED MAY 27, 2010
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On January 13, 2010, the licensee’s manager, Tariku Semunegus, sold crack cocaine to an undercover police officer in the licensed premises
Based on paragraph 1, the licensee breached s. 45(2) of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
JOINT SUBMISSION ON DISPOSITION
The licensee, after consultation with counsel, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 202387 for a period of 45 days commencing at 11:00 a.m. on January 10, 2011 and ending at 2:00 a.m. on February 24, 2011.
A condition shall be added to the licence that:
The licensee shall not permit Tariku Semunegus to be involved in the operation and financing of the business, including as an officer, director, shareholder, manager and employee, and shall not permit Tariku Semunegus to be in 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.
DATED AT TORONTO THIS 19TH DAY OF OCTOBER, 2010
RESPECTFULLY SUBMITTED,
Niziti Eyob-Haile Phillip Morris
For Registrar’s Counsel
Licensee