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-
Blu Kat Inc. operating as Sottovoce Wine & Pasta Bar Licensee
DECISION
Panel: Eleanor Meslin, Board Member Decision Date: December 2, 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 ) Richard Kulis, Representative Blu Kat Inc., Licensee ) Franko Rovazzi, Representative
1A teleconference hearing into Notice of Proposal number 18151 dated June 21, 2010 to suspend liquor licence number 800943 (the "licence") issued to Blu Kat Inc. (the "Licensee"), operating as SOTTOVOCE WINE & PASTA BAR, 595 College Street, Toronto, Ontario, M6G 1B2, on the basis of alleged violations of section 43 and subsection 34(1) of Ontario Regulation 719/90 (the "O.Reg") made pursuant to the Liquor Licence Act (the "LLA"), was held on November 12, 2010 in the City of Toronto.
2Ms Khan and Mr. Rovazzi 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 April 2, 2010 there were 30 people in an area licensed for 20 people. Some patrons removed liquor from the licensed premises.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 and subsection 34(1) of the O.Reg.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 800943 issued to Blu Kat Inc. operating as SOTTOVOCE WINE & PASTA BAR, 595 College Street, Toronto, Ontario, M6G 1B2, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on Saturday, January 1, 2011, and CONTINUE until 2:00 a.m. on Tuesday, January 11, 2011.
DATED AT TORONTO THIS 2nd DAY OF December, 2010.
ELEANOR MESLIN, 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 BLU KAT INC. OPERATING AS SOTTOVOCE WINE & PASTA BAR, 595 COLLEGE STREET, TORONTO LICENCE NUMBER 800943 NOTICE OF PROPOSAL 18151
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel, and the Registrar's counsel agree to the following:
On April 2, 2010 there were 30 people in an area licensed for 20 people. Some patrons removed liquor from the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to violations of section 43 (exceed capacity) and subsection 34(1) (permit removal of liquor) both of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has two prior ten (10) day suspensions for exceeding capacity in 2007 and 2008.
Joint Submissions Regarding Disposition
The Licence Holder, having consulted with legal counsel, and the Registrar's counsel submit that the following disposition is appropriate in these circumstances:
- A ten (10) day suspension of the liquor licence to be served 11:00 am on Saturday, January 1, 2011 until 2:00 am on Tuesday, January 11, 2011.
Dated at Toronto this 8th day of November, 2010
For the licence holder Richard E. Kulis For the Registrar of Alcohol and Gaming