LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: GIVING B.A.A.C.K.
42 Glanville Road
R.R. #4
Bancroft, Ontario
K0L 1C0
Applicant: Darrell Carleton
Special Occasion Permit
Registration Number: 208-060021
Hearing: Best Western Sword Motor
146 Hastings Street North
Bancroft, Ontario
K0L 1C0
April 24, 2007
Presiding
Board Members: Alex McCauley, Member
Guy Maurice, Member
Counsel for the
Registrar: Richard Kulis
Attendance: Darrell Carelton, Applicant
Exhibits: #1 Conditions for Special Occasion Permit
D E C I S I O N and O R D E R
The Board of the Alcohol and Gaming Commission of Ontario (“AGCO”) held a hearing on April 24, 2007, pursuant to a letter dated January 3, 2007 to refuse to issue a special occasion permit in the matter of an application by Darrell Carleton for the event intending to operate as GIVING B.A.A.C.K., (the “Applicant”) 42 Glanville Road, R.R. #4, Bancroft, Ontario, K0L 1C0, Special Occasion Permit Number 208-060021.
Preliminary Matter
The Board was concerned as to its jurisdiction in this matter as no formal Notice of Proposal (“NOP”) had been issued. Registrar’s counsel submitted that the Board had jurisdiction pursuant to the various authorities under the Liquor Licence Act (“LLA”) and that the Registrar had notified the Applicant that the permit was being denied because of a history by the Applicant of past unlawful activities. The Board did not dispute the Registrar’s submissions as to authority of the Board. The Board was concerned as to how the matter came before it. Throughout the correspondence sent to the Applicant there was reference to a NOP.
The LLA under section 21 states that the Registrar shall serve notice of the proposal…. It is no understatement to say that Board Members and Registrar’s counsel are highly familiar with the form and content of Notices of Proposal. Although there is no prescribed format in either the LLA or regulations, ordinarily an NOP sets out the Registrar’s allegations, identifies the sections of the LLA and its regulations relied upon by the Registrar and may provide particulars in support of the allegations. The document before the Board looks nothing like an NOP and fails to identify specific legislative provisions. The Board was very concerned that no NOP had been issued and that, in the circumstances, the Applicant had not been provided with proper notice of the case it would have to meet. The earlier correspondence advising an NOP would issue only added to the confusion.
Registrar’s submissions and explanation of the role of the Refusal Form as well as the Board’s own review of the materials disclosed to the Applicant in support of the refusal satisfy us that the Applicant did have effective notice of the case it was required to meet. The representative of the Applicant confirmed that he was aware of the Registrar’s concerns. The Board was prepared to proceed and exercise its jurisdiction to hear and determine the application.
However, the Board notes the LLA speaks of a Notice of Proposal and what came before the Board was not a Notice of Proposal as ordinarily issued by the Registrar. While substance is always more important than form, the unexplained substitution of a different document, use of different terminology, and absence of specific statutory references is potentially, and unnecessarily, confusing. In other circumstances, the refusal form may not provide sufficient information to satisfy the requirements of natural justice or to allow the Board to exercise its jurisdiction to hear a matter. The Board should not have to go through correspondence to ensure matters are properly before it. The process should be clear to all including licensees and applicants as to what the issues are and what the proposal of the Registrar is. This should be made clear on the face of the document as it is in all other instances where an NOP is a required.
The parties to the hearing came to an agreement with regards to the issuance of the Special Occasion Permit. The Applicant agreed to the adding of conditions to the licence.
Agreement on Conditions
The Board therefore ORDERS that the Special Occasion Permit application be APPROVED and ISSUED for their event dated May 4, 2007, to Darrell Carleton as GIVING B.A.A.C.K., 42 Glanville Road, R.R. #4, Bancroft, Ontario, K0L 1C0, Special Occasion Permit Number 208-060021, with the following CONDITIONS attached to the Permit:
Minimum of six paid duty officers on duty from 10:00 p.m. until at least on hour after the scheduled closing time of the event.
Liquor to be sold and served in a designed area marked off from the rest of event site/building. Access and egress to the building and to the liquor service area shall be controlled by security. A diagram of the entire site/building and the liquor service site is to be provided to the police at least two days before the start of the event. No people under the age of 19 years shall be allowed in the liquor service area.
At least two days before the start of the event the organizers of the event must meet with police and any other security personnel to plan the security aspect of the event. Event organizers are to be identified to the police and security personnel and the event organizers shall be on site during the event at all times.
Police and security personnel shall have the authority to prohibit people from attending the event should the police and/or security personnel reasonably believe that the attendance of these people may disturb the event.
At least one person who has successfully completed the Smart Serve course shall monitor the sale of “beer tickets”. No more than two beer tickets at one time may be sold to a patron.
At least one person who has successfully completed the Smart Serve course shall monitor the service of liquor. No more than two liquor drinks at one time may be served to a patron.
All beverages shall be served in soft plastic cups. Cups containing liquor shall be a distinctly different colour from the cups containing non-alcoholic beverages.
DATED AT TORONTO THIS 30th DAY OF APRIL 2007.
ALEX MCCAULEY, BOARD MEMBER GUY MAURICE, BOARD MEMBER
AM/sm
Attached.
Condition of Special Occasion Permit
For Giving B.A.A.C.K. Events
Minimum of six paid duty officers on duty from 10:00 p.m. until at least on hour after the scheduled closing time of the event.
Liquor to be sold and served in a designed area marked off from the rest of event site/building. Access and egress to the building and to the liquor service area shall be controlled by security. A diagram of the entire site/building and the liquor service site is to be provided to the police at least two days before the start of the event. No people under the age of 19 years shall be allowed in the liquor service area.
At least two days before the start of the event the organizers of the event must meet with police and any other security personnel to plan the security aspect of the event. Event organizers are to be identified to the police and security personnel and the event organizers shall be on site during the event at all times.
Police and security personnel shall have the authority to prohibit people from attending the event should the police and/or security personnel reasonably believe that the attendance of these people may disturb the event.
At least one person who has successfully completed the Smart Serve course shall monitor the sale of “beer tickets”. No more than two beer tickets at one time may be sold to a patron.
At least one person who has successfully completed the Smart Serve course shall monitor the service of liquor. No more than two liquor drinks at one time may be served to a patron.
All beverages shall be served in soft plastic cups. Cups containing liquor shall be a distinctly different colour from the cups containing non-alcoholic beverages.