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-
Amy Min Li-Tatalovich operating as Five Star Cafe
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO Bruce S. Miller, Board Member
Decision Date: December 8, 2010
Hearing Location: Hamilton, 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 ) Richard Kulis , Representative Amy Min Li-Tatalovich, Licensee ) Ivan Marini, Representative
1. A hearing into an Amended Notice of Proposal number 18294 dated September 16, 2010 to revoke liquor licence number 805252 (the “licence”) issued to Amy Min Li-Tatalovich (the “Licensee”), operating as FIVE STAR CAFÉ, 225 James Street North, Hamilton, Ontario, L8R 2L2, on the basis of alleged violations of section 29 and subsections 45(1) and 45(2) of the Liquor Licence Act (the “LLA”) and subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on November 8, 2010 in the City of Hamilton.
2. Mr. Kulis and Mr. Marini 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 March 31, 2010 a drunken patron in the licensed premises was served a glass of beer. Also on May 29, 2010 a drunken patron was permitted in the licensed premises.
3. Based on the Agreed Statement of Facts, the Board found that the Licensee breached section 29 of the LLA 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 805252 issued to Amy Min Li-Tatalovich operating as FIVE STAR CAFÉ, 225 James Street North, Hamilton, Ontario, L8R 2L2, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on January 12, 2011, and CONTINUE until 2:00 a.m. on January 26, 2011.
5. Further, the Board ORDERS that the following conditions be attached to the licence:
Alexander Tatalovich shall be excluded from the management and operation of the business as a manager, employee, security person or otherwise, and shall be prohibited from being in the licensed premises.
A provincially licensed security person shall be hired to maintain order in the licensed premises. The security person shall be readily identifiable as such and shall be employed to work within the licensed premises from 9:00 p.m. until closing during Thursday, Friday and Saturday business days. This condition is to start on Thursday, November 25, 2010.
DATED AT TORONTO THIS 8th DAY OF December , 2010.
PATRICIA McQUAID, VICE-CHAIR, AGCO BRUCE S. MILLER, BOARD MEMBER
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, chapter L.19, subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE
OF AMY MIN LI-TATALOVICH
OPERATING AS FIVE STAR CAFÉ
225 JAMES STREET NORTH
HAMILTON
LICENCE NUMBER 805252
NOTICE OF PROPOSAL NO. 18294
AGREED STATEMENT OF FACTS
The licence holder, having consulted with legal counsel, and Registrar’s counsel agree to the following facts:
On March 31, 2010 a drunken patron in the licensed premises was served a glass of beer. Also on May 29, 2010 a drunken patron was permitted in the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to violations of section 29 of the Liquor Licence Act and subsection 45(1) of O.Reg 719/90.
The licence holder has no prior adverse record with the Commission.
JOINT SUBMISSION REGARDING DISCIPLINARY ACTION
The licence holder, having consulted with legal counsel, and Registrar’s counsel jointly submitted that the proposed disciplinary action is appropriate for the above noted violations.
A fourteen (14) day suspension of the liquor licence;
The imposition of the following conditions:
(a) Alexander Tatalovich shall be excluded from the management and operation of the business as a manager, employee, security person or otherwise, and shall be prohibited from being in these licensed premises.
(b) A provincially licensed security person shall be hired to maintain order in the licensed premises. The security person shall be readily identifiable as such and shall be employed to work within the licensed premises from 9:00 p.m. until closing during Thursday, Friday and Saturday business days. Condition to start on Thursday, November 25, 2010.
- Should the Board make the findings as agreed to and impose the disciplinary action as jointly proposed, Registrar’s counsel will withdraw the remaining allegations in Amended Notice of Proposal Number 18294 and dated September 16, 2010.
Dated in Hamilton this 8th day of November, 2010.
For the Licence Richard E. Kulis Holder for the Registrar of Alcohol And Gaming Commission of Ontario