6. 300 preston
street – request to revoke liquor licensE 300, rue Preston – Demande de révocation d’un permis d’alcool |
COMMITTEE RECOMMENDATION
That Council petition the Alcohol and Gaming Commission of Ontario
requesting a review of the Liquor License for Jeannette Iris De la Cruz be
undertaken to consider its revocation.
RECOMMANDATION
DU COMITÉ
Que le Conseil fasse pression sur la
Commission des alcools et des jeux de l’Ontario afin qu’elle examine le permis
d’alcool de Jeannette Iris De la Cruz en vue de sa révocation.
DOCUMENTATION
1.
Committee Coordinator report dated 2
November 2007
(ACS2007-CCS-CPS-0024).
2.
Extract
of Draft Minute, 1 November 2007.
Report
to / Rapport au:
Community and Protective
Services Committee
Comité des services communautaires
et de protection
2 November 2007 / le 2 novembre 2007
Submitted by/Soumis par :
Rosemary Nelson, Committee Coordinator / Coordonnatrice du comité
Corporate Services Department / Services généraux
Contact
Person/Personne ressource : Rosemary Nelson, Committee Coordinator
City Clerk’s Branch/Direction du
greffe
(613) 580-2424 x21624,
Rosemary.Nelson@ottawa.ca
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Somerset |
Ref N°: ACS2007-CCS-CPS-0024 |
SUBJECT: 300 PRESTON STREET – REQUEST TO REVOKE
LIQUOR LICENSE
OBJET: 300, rue
Preston – Demande de révocation d’un permis d’alcool
REPORT RECOMMENDATION
That the
Community and Protective Services Committee recommend that Council petition the
Alcohol and Gaming Commission of Ontario requesting a review of the Liquor
License for Jeannette Iris De la Cruz be undertaken to consider its revocation.
RECOMMANDATION DU RAPPORT
Que le Comité des services
communautaires et de protection recommande au Conseil fasse pression sur la
Commission des alcools et des jeux de l’Ontario afin qu’elle examine le permis
d’alcool de Jeannette Iris De la Cruz en vue de sa révocation.
BACKGROUND
On 24 September 2007, the License Committee unanimously upheld the recommendation of the Chief License Inspector to revoke the Food Premises and the Amusement Places Licenses issued to Jeannette Iris De la Cruz for 300 Preston Street. At the Community and Protective Services Committee meeting on 1 November 2007, Councillor Holmes brought forward the aforementioned recommendation under ‘Other Business’.
DISCUSSION
The decision to revoke the Food Premises and the Amusement Place Licenses was based on evidence that this business was adverse to public interest and was in breach of the law. The Province of Ontario Liquor License Act, 6(2)(h) provides that an applicant is entitled to be issued a license to sell liquor except if the license is not in the public interest having regard to the needs and wishes of the residents of the municipality in which the premises are located. In addition, Section 7.1 of the Regulations under the Liquor License Act provides that “the board of the Alcohol and Gaming Commission of Ontario shall consider a resolution of the council of the municipality, in which are located the premises for which a person makes an application to sell liquor or holds a license to sell liquor, as proof of the needs and wishes of the residents of the municipality for the purposes of clause 6(2) (h) of the Act.”
Given the details provided above, the Committee considered and approved the recommendation put forward by the councillor.
CONSULTATION
Community and Protective Services was circulated a copy of the report and staff in By-law and Regulatory Services indicate their support of the Committee recommendation.
FINANCIAL IMPLICATIONS
N/A
SUPPORTING
DOCUMENTATION
Document 1 - Committee Coordinator memo dated 25
September 2007 transmitting the License Committee decision of 24 September
2007.
DISPOSITION
The City Clerk to prepare the necessary letter to the Ontario Alcohol and Gaming Commission.
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Document
1 |
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M E M O / N O T E D E S E R V I C E |
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To / Destinataire |
Deputy City Manager |
File/N° de
fichier: ACS2007-CPS-BYL-0031 |
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From / Expéditeur |
License Committee c/o Rosemary Nelson, Committee
Coordinator |
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Subject / Objet |
Adverse Conduct –
Revoke Food Premises and Amusement Places Licenses – 300 Preston Street |
Date: 25 September 2007 |
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The License Committee conducted a hearing on 24 September 2007 regarding the Chief License Inspector’s recommendation “That License Committee conduct a status review of the Food Premises and the Amusement Place Licenses for 300 Preston Street issued to Jeannette Iris De La Cruz operating as the Parasio Bar and Lounge and upon the Chief License Inspector’s recommendation the Committee revoke said licenses as the operation of the business may be adverse to the public interest and/or a breach of the law.” The hearing was Chaired by Councillor Christine Leadman with Councillors Shad Qadri and Rick Chiarelli as members.
The Committee heard from the following individuals:
• Stuart Huxley, Legal Counsel for the Chief License Inspector
• Susan Jones, Chief License Inspector
• Mark Lambert, Alcohol and Gaming Commission for Ontario (witness for the City)
•
Constable Steven Lewis, Ottawa Police
Service (witness for the City)
•
Frank Donati, Inspector, Ottawa Fire
Services (witness for the City)
•
Craig Calder,
Coordinator, By-law Services (witness for the City)
•
Lori Mellor,
Executive Director, Preston Street BIA (witness for the City)
•
Cheryl Hoolwerf,
resident of Louisa Street (witness for the City)
•
Councillor Diane
Holmes, Somerset Ward (witness for the City)
The Licensee nor
her Counsel were present and the Committee proceeded in her absence.
The following documentation was provided:
Exhibit 1 – Book of Documents of the Chief License Inspector for the City of Ottawa
After hearing the evidence presented to
them, the Committee rendered the following decision:
Decision:
The License Committee
unanimously upheld the recommendation of the Chief License Inspector’s decision
to revoke the Food Premises and the Amusement Place Licenses issued to Jeannette Iris De La Cruz for 300
Preston Street forthwith.
Accordingly, the Chief License Inspector is requested to provide Ms. Jeannette Iris De La Cruz with the License Committee’s decision in writing.
Please take appropriate action.
Original signed by
Rosemary Nelson
cc: Chair and
Members, License Committee
M. Rick
O'Connor, City Solicitor
Stuart
Huxley, Legal Counsel
Linda
Anderson, Manager, Enforcement and Inspections, By-law Services
Julie
Easton, By-law Services (original memo to be sent to her)