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-
1620306 Ontario Inc. O/A Jamaica’s Finest Restaurant and Bar Licensee
DECISION On sanction
Panel: Kirsti Hunt, Vice-Chair Patricia McQuaid, Vice-Chair
Decision Date: August 21, 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 ) Richard Kulis, Representative 1620306 Ontario Inc., Licensee ) Harvey Dennis, Representative
Allegations
1A hearing into a Notice of Proposal dated June 6, 2007 to revoke a liquor licence and an Order dated June 6, 2007 to immediately suspend liquor license 809917 issued to 1620306 Ontario Inc. (the “Licensee”) operating as JAMAICA’S FINEST RESTAURANT AND BAR, 3233 Brandon Gate Drive, Unit #3, Mississauga, Ontario, L4T 3V8 (the “premises”) on the basis of alleged violations of sections 29 and 43 and subsections 45(1) and 45(2) of Ontario Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”), commenced on June 26, 2007 in the City of Toronto and continued on July 10 and 13, 2007.
2In its decision dated July 26, 2007, the Board found the Licensee violated sections 29 and 43 and subsections 45(1) and (2) of the O.Reg. Parties were directed to provide written submissions on the appropriate sanction. The Board has received and reviewed those submissions.
Decision on Sanction
3The Notice of Proposal issued by the Registrar seeks a revocation of the license. Mr. Kulis, in his submissions, reiterates that request for revocation citing issues of public safety, in particular, the presence and use of guns on the premises, the overcrowding and the failure of the Licensee to assume responsibility for what has occurred on the premises. Mr. Kulis submits that there are no adequate remedial measures to address the problems that exist in the establishment, in large measure due to the continued lack of understanding of the Licensee of his obligations pursuant to the LLA and its regulation.
4Mr. Dennis, on behalf of the Licensee, requests that the interim suspension that has been in place since June 6, 2007 be lifted and that conditions be imposed on the Licensee. He also suggests that a probationary period be imposed to provide the Licensee with the opportunity to show that the establishment can be run safely. Mr. Dennis submits that if the Licensee had been present the incident of May 26 would not have occurred and claims that the gang members and/or shooters had a personal issue with the d.j. that evening.
5The Board finds that latter comment troubling. It indicates, again, the abdication of responsibility by the Licensee. The situation was not, he implies, the result of any failure on his part. In evidence, Mr. Jacques expressed the view that problems arose because security failed to ensure the premises were safe and secure. There was no evidence to support the submission that if the Licensee had been present, the incident would not have occurred, nor any evidence to suggest that he was not present on the day of the incident of May 26 because of medication as suggested in submissions. His evidence was that he had asked his wife to work that night. He usually works on Saturday nights, his full-time position as manager at Purolator Courier requiring him to work other nights. While his medication may have made him very sleepy, the Board finds this rationale for going back to sleep after being told there was a shooting at the club untenable.
6No conditions have been proposed by the Licensee. He appears not to have turned his mind to what measures must be taken to ensure public safety and compliance with the Act. The existence of security cameras and two security personnel for premises with a licensed capacity of 30 persons was clearly not the answer. The video, together with the evidence about the evening of April 28th, indicated that on those two occasions (and the Board notes that Mr. Jacques was not present when the police attended on April 28th) there was a lack of compliance with the O.Reg. While the more serious violations occurred on May 26th, the lack of compliance on that date was not an isolated incident.
7The Board, in reviewing all of the evidence and submissions, must be satisfied that licensed premises will be operated in a manner to ensure the safety of the public as well as staff, and in compliance with the Act and its regulations. That requisite level of confidence is not present in this situation. While it is unusual to revoke a licence where there has been no prior history of discipline before the Board, this is a highly unusual set of facts. A very serious and violent incident occurred, putting lives at risk. Neither the Licensee nor anyone on his behalf notified police of the incident. The Licensee does not have or maintain control of these premises nor does he appear to have assumed responsibility for what has occurred. He has the ultimate responsibility yet has failed to acknowledge that. The safety of the public and compliance with the Act and regulations cannot be assured in the circumstances.
8The Board THEREFORE immediately REVOKES the licence issued to 1620306 Ontario Inc. operating as JAMAICA’S FINEST RESTAURANT AND BAR, 3233 Brandon Gate Drive, Unit #3, Mississauga, Ontario, L4T 3V8, licence number 809917.
DATED AT TORONTO THIS 21st DAY OF AUGUST, 2007
PATRICIA MCQUAID, VICE-CHAIR KIRSTI HUNT, VICE-CHAIR
PM/sm