LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: ROSS BAR & GRILL 1693 Jane Street Toronto, Ontario M9N 2S3
Licensee: Ross Bar & Grill Inc.
Licence Number: 22121
Notice of Proposal: To REVOKE a licence
Dated July 5, 2006
The Proposal alleges that contrary to subsection 45(2) of Ontario Regulation 719/90 (the "O. Reg.") under the Liquor Licence Act (the "LLA"), the licence holder permitted a person to hold, offer for sale, sell, distribute or consume a narcotic as defined in the Controlled Drugs and Substances Act on the premises or in the adjacent washrooms, liquor and food preparation areas and storage areas under the exclusive control of the licence holder.
Hearing: Alcohol & Gaming Commission of Ontario 90 Sheppard Avenue East, 3rd Floor Toronto, Ontario M2N 0A4 March 27, 2007
Presiding
Board Members: David C. Gavsie, Chair Allan Higdon, Member
Counsel for the Registrar: Phillip Morris
Counsels for the Licensee: Joseph Irving Lou Ciotoli
Attendance: Mandeep Man, Detective Constable, Toronto Police Services Nadensan Raveendran, Licensee's witness Paul Matte, Detective Constable, Toronto Police Services
Exhibits: #1 – Invoice for Surveillance system dated September 18, 2006.
DECISION ON SANCTION
The Board held a hearing and made findings pursuant to section 45 (2) of the Liquor Licence Act in the matter of Ross Bar and Grill Inc., operating as Ross Bar and Grill, 1693 Jane Street, Toronto, Ontario, M9N 2S3, licence number 22121.
Submissions on disposition were requested and received from both parties.
Mr. Morris, on behalf of the Registrar, stated that Ross Bar and Grill has a lengthy record of infractions: in 2001 the licence was suspended for 7 days, in 2003 for 21 days, in 2005 for 35 days, and in 2006 for 45 days. He notes, "This is a licensee who is quite obviously ungovernable."
Mr. Morris also stated the evidence shows the licensee was warned repeatedly by police about illegal behaviour taking place on the premises, warnings he denied having received.
Mr. Ciotoli, counsel for the licensee, submitted that an appropriate sanction would be a 30 day suspension of the Ross Bar and Grill liquor licence.
Counsel stated the warnings received by his client were about unsavoury activities taking place in the immediate neighbourhood, not in the bar itself. The warnings took place at least a year before event of November 28, 2005 and should not be given any weight. Arrests were made in the bar but these were made on outstanding warrants, not because of illegal conduct in the bar itself.
Counsel noted security cameras have been installed to prevent a repetition of any incidents. These should be a very useful deterrent.
Mr. Morris responded by stating the warnings the manager received were specifically focused on drug and prostitution activity taking place on the establishment and immediate areas. On one occasion, the police officer smelled crack smoke in the women's washroom. The credibility of the manager must be suspect when he states he received no complaints about drug dealing in the bar prior to November 2005.
DECISION
The Board has reviewed the details of its findings and the findings made previously against this licensee. These infractions have been made over a number of years and include drunken patrons on the premises (2001), drunken patrons, the sale and removal of liquor from the premises (2003), drunken patrons, two episodes of removal of liquor from premises (2005), drunken patron, removal of liquor from premises (2006), and finally, the current decision that the licensee permitted the sale or distribution of a narcotic on the premises.
It is incredible to the Board that a licensee who has had numerous previous convictions under the Liquor Licence Act and risks the loss of his business would be so irresponsible as to permit a perfect stranger to enter his premises and purchase drugs without any challenge from wait or bar staff or opposition from security, the whole episode from beginning to end being completed in under nine minutes. No staff even attempted to sell this person food or drink, the purported legitimate purpose of this enterprise. In addition, despite all past difficulties, the manager did not know if security staff was bonded or insured – a clear sign of a recklessly cavalier attitude to the law and the necessity to ensure public safety.
Counsel for the licensee notes the installation of security cameras and their potential to assist in future compliance. The Board believes such tools are only useful if management and staff are committed to compliance and enforcement. The appalling history of the Ross Bar and Grill shows no such commitment.
The Board notes the Registrar has sought the revocation of the liquor licence of Ross Bar and Grill since the infractions of 2004 but the licensee has been given the consideration of a suspension each time, possibly in the hope that renewed vigilance would prevent a repetition of any incidents. Given the facts presented regarding the events of November 28, 2005, it is clear to the Board that the licensee has learned little from previous encounters with enforcement officers and, in fact, has shown open contempt for the obligation to public safety that is the responsibility of all licence holders. Suspension clearly has not worked. The Board is now left with only one option, that of revocation.
The Board therefore ORDERS that the liquor licence of Ross Bar and Grill Inc., operating as Ross Bar and Grill, 1693 Jane Street, Toronto, Ontario, M9N 2S3, licence number 22121 be REVOKED IMMEDIATELY.
DATED AT TORONTO THIS 22nd DAY OF MAY, 2007.
ALLAN HIGDON, BOARD MEMBER DAVID C. GAVSIE, CHAIR
AH/rb