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 Ontario
Registrar
-and-
1572724 Ontario Limited O/A Mick E Fynn’s
Licensee
DECISION ON SANCTION
Panel: Eleanor Meslin, Board Member
Decision Date: July 10, 2007
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone (416) 326-0366 Fax (416) 326-5566 Website:www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Sujin Chan, Representative
1572724 Ontario Limited, Licensee ) Jerry Levitan, Representative
Allegations
- A hearing into a Notice of Proposal (“NOP”) dated March 22, 2007 to suspend the liquor license of 1572724 Ontario Limited (the “Licensee”) operating as MICK E FYNN’S, 45 Carlton Street, Toronto, Ontario, M5B 2H9 (the “premises”), licence number 23966, on the basis of an alleged violation of subsection 30(4) of the Liquor Licence Act (“LLA”), was held on June 8, 2007 in the City of Toronto.
Board Decision
- In the Board’s decision of June 22, 2007 a finding was made of a violation of subsection 30(4) of the Liquor Licence Act. The Board invited submissions on sanction from both parties
Decision On Sanction
The Board, having received submissions from both parties, carefully considered them.
The Registrar’s representative requested a 10 day suspension. The Licensee’s representative requested a 3 day suspension.
Although the Board has stated in its decision that the Licensee has been diligent in its efforts to prevent minors from entering the premises, in this instance, the doorman failed to carefully scrutinize what turned out to be a false identification.
In addition, the staff did not request identification from someone who appeared to be “younger”, and who was consuming alcohol.
The Board notes the fact that there has been no prior record of violation for serving minors. Also, although the 3 inspectors checked a number of identifications, no other violations regarding minors was reported.
Although the Board accepts the Licensee’s word that its security system has been tightened, there was a lack of diligence by staff in safeguarding against this violation.
Order
Therefore, as a specific and general deterrence to indicate to the Licensee and the community that even one infraction is taken seriously, the Board ORDERS that the liquor licence issued to 1572724 Ontario Limited operating as MICK E FYNN’S, 45 Carlton Street, Toronto, Ontario, M5B 2H9, licence number 23966, be suspended for a period of three (3) consecutive days.
The Licensee shall submit proposed suspension dates in writing to the Manager of Hearings, Hearings Department, Alcohol and Gaming Commission of Ontario at the address on the front of this decision within seven (7) days of the date of this decision. The Board will set suspension dates without further notice to the Licensee if proposed dates are not provided within that time. The suspension must be served on days the establishment normally operates. The suspension may not start earlier than twenty (20) days from the date of this decision and must be completed within ninety (90) days of the date of this decision.
DATED AT TORONTO THIS 10TH DAY OF JULY, 2007.
ELEANOR MESLIN, BOAD MEMBER
EM/sm