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-
Tariq Mahmood Mian O/A Mounties’ Restaurant
Licensee
DECISION ON SANCTION
Panel: David C. Gavsie, Chair Brian J. Ford, Member
Decision Date: July 17, 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 ) Phillip Morris, Representative Tariq Mahmood Mian, Licensee ) Ed Blaha, Representative
A hearing into a Notice of Proposal dated July 6, 2006 to suspend liquor licence number 24687 (the Licence) issued to Tariq Mahmood Mian (the Licensee) operating as Mounties’ Restaurant, 149 Dundas St. E., Toronto, Ontario, M5B 1E4 on the basis of alleged violations of subsection 45(2) of the Liquor Licence Act (LLA) and subsections 45(1), 54(1)(a) and 54(1)(b) of Ontario Regulation 719/90 (O.Reg) made pursuant to the LLA, and a Supplementary Notice of Proposal dated September 29, 2006 to suspend the Licence was held on March 20, 2007 in the City of Toronto.
In its decision dated May 22, 2007 the Board found the Licensee violated subsection 45(2) of the LLA and dismissed the allegations of violation of subsections 45(1), 54(1)(a) and 54(1)(b) of the O.Reg. Parties were directed to provide written submissions on an appropriate sanction. The Board has received and reviewed those submissions.
Decision On Sanction
Registrar’s Submission on Sanction
Mr. Phillip Morris, counsel for the Registrar, notes that the Licensee failed to leave a key to the beer storage area despite a number of prior warnings by the police to do so. As a result, the police were unable to check the storage area for illegal liquor. Notably, the Board had previously warned the Licensee about illegal liquor on the premises in 1996 (Ex. 1).
Mr. Morris further states that the Licensee persistently and intentionally refused to comply with clear and frequent requests by the police to provide access to the storage area. The Licensee has offered a flimsy excuse that he was prepared to give the police a copy of the key. This excuse, in Mr. Morris’s opinion, is neither believable nor reasonable. The Registrar feels that a strong message is required in the circumstances.
Mr. Morris feels that a 21 day suspension is appropriate as a matter of specific and general deterrence.
Licensee’s Submission on Sanction
Mr. Ed Blaha, Representative of the Licensee, acknowledges that the police require access to the liquor storage area and that gaining access was a little slow at times. He also acknowledges that police do not have the time or resources to stand by waiting for the owner to show up with a key. He also notes that this was not a problem when the establishment was in another police division. However, since the division boundaries changed, it has become a problem. He also notes the owners of Mounties’ have since maintained the key to the storage on premises. While he admits that fail to facilitate is a serious offence, one should look to the spirit of the law. He notes Mr. Mian is not trying to hide anything.
Mr. Blaha feels that a caution is in order.
Decision and Order
The Board, on considering the submissions of the Representative of the Registrar and the Representative of the Licensee, agrees with both parties that failing to facilitate an inspection is a serious offence.
The Board notes that the officers were unable to gain access because the owner failed to leave a key with the person in charge of the bar while the owner was not on premise. The owner was also warned by police to make sure that a key to the office storage area was available at all time. In not making the key immediately available, the Licensee failed to facilitate.
The Licensee has had one previous sanction for having illegal liquor on the premises and was given a warning. This incident occurred in 1996.
The Board notes that both parties agreed, in submissions, that the offence of failing to facilitate an inspection is a serious offence. The Board has also taken into consideration that evidence from police witnesses revealed that the Licensee was warned several times to have a key to the storage area available at all times, but that he failed to heed the warnings.
Therefore, having considered the submissions on disposition and the need to send a strong message that failing to facilitate an inspection is taken very seriously, the Board feels that there is need for general and specific deterrence and hereby ORDERS that the liquor licence of Tariq Mahmood Mian operating as Mounties’, 149 Dundas Street East Toronto, Ontario, M5B 1E4, licence number 24687 be suspended for TEN (10) consecutive days.
The proposed suspension dates are to be submitted in writing to the Manager of Hearings section of the Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East 3rd floor, Toronto, Ontario M2N 0A4, facsimile 416-326-5566 within seven (7) days of today’s date, failing which the Board shall set the dates for suspension without further notice to the licence holder. The suspension shall not commence for at least 20 days after the date of this decision, shall be completed within 90 days of the date of this decision, and shall be completed on days that the establishment is normally operating.
DATED AT Toronto, this 17th day of July ,2007
DAVID C. GAVSIE, CHAIR BRIAN J. FORD, MEMBER
BJF/mw