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-
Hadas Girmay Ali operating as Gojo Restaurant
Licensee
DECISION
Panel: Jacqueline Castel, Board Member Beryl Ford, Board Member
Decision Date: January 29, 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 Hadas Girmay Ali, Licensee ) Tadesse Gebremariam, Representative
1A hearing into Notice of Proposal number 17239 dated May 12, 2009 to suspend liquor licence number 801785 issued to Hadas Girmay Ali (the “Licensee”), operating as GOJO RESTAURANT, 785 (B) Danforth Avenue, Toronto, M4J 1M9 (the “premises”), on the basis of alleged violations of subsections 45(1) and 45(2) of the Liquor Licence Act (the “LLA”) and section 52, subsection 16(1) and paragraph 50(c) of Ontario Regulation 719/90 (the “O.Reg”), made pursuant to the LLA, was held on January 8, 2010 in the City of Toronto.
2Mr. Kulis and Mr. Gebremariam submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which forms part of this decision. It was agreed and admitted that:
On March 17, 2009 at approximately 5:07 a.m., liquor licence inspectors and police officers attended outside the licensed premises. People were still in the licensed premises but the inspectors and police were unable to enter as the doors were locked. In spite of knocking several times on the doors the police and inspectors were not allowed in the premises. The inspectors and police eventually gained access when they had a person outside the premises observing the police call the licensee and let them in.
3Based on the Agreed Statement of facts, the licence holder admits to violations of subsection 45(2) the LLA and paragraph 50(c) of the O.Reg. The Board accepted the withdrawal of the remaining allegations.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 801785, issued to Hadas Girmay Ali, operating as GOJO RESTAURANT, 785 (B) Danforth Avenue, Toronto, Ontario, M4J 1M9, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on February 1, 2010, and CONTINUE until 2:00 a.m. on February 15, 2010.
DATED AT TORONTO THIS 29th DAY OF January , 2010.
JACQULINE CASTEL, BOARD MEMBER BERYL FORD, 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 HADAS GIRMAY ALI OPERATING AS GOJO
RESTAURANT, 785 (B) DANFORTH AVENUE,
TORONTO
LICENCE NUMBER 0801785
NOTICE OF PROPOSAL NUMBER 17239
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal agent and the Registrar’s representative agree to the following:
On March 17, 2009 at approximately 5:07 am, liquor licence inspectors and police officers attended outside the licensed premises. People were still in the licensed premises but the inspectors and police were unable to enter as the doors were locked. In spite of knocking several times on the doors the police and inspectors were not allowed on the premises. The inspectors and police eventually gained access when they had a person outside the premises observing the police call the licensee and let them in.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 45(2) (fail to facilitate inspection) of the Liquor Licence Act and paragraph 50(c) (fire safety) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has no prior adverse record with the Commission.
-2-
Joint Submission Regarding Disposition
The Licence Holder, having consulted with legal agent, and the Registrar’s counsel submit that the following disposition is appropriate in these circumstances:
A fourteen (14) day suspension of the liquor licence.
Should the Board member make findings as submitted and impose the disposition as recommended, then Registrar’s counsel will withdraw the remaining allegations in Notice of Proposal number 17239 dated May 12, 2009.
Dated in Toronto this 8th day of January, 2010.
for the licence holder Richard E. Kulis, for the Registrar
of the AGCO