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-
956240 Ontario Inc. O/A Stages Restaurant Licensee
DECISION
Panel: David C. Gavsie, Chair Alex McCauley, Board Member
Decision Date: August 21, 2007
Hearing Location: Kingston, 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 ) Joyce Taylor, Representative 956240 Ontario Inc., Licensee ) Stanley Sadinsky, Representative
AUTHORITIES: Sand Bar, [1999] O.A.G.C.D. No. 64 Rooster and Firkin, [2004] O.A.G.C.D. No. 80 Tara Inn, [2005] O.A.G.C.D. No. 489 473954 Ontario Ltd. v. Ontario (Registrar of Alcohol and Gaming Commission, [2001] O.J. No. 5315
Allegations
- A hearing into a Notice of Proposal dated July 25, 2006, a Supplementary Notice of Proposal dated September 28, 2006, and an Amended Notice of Proposal dated December 21, 2006 to suspend a licence and add a condition to liquor license number 100077 operating as STAGES RESTAURANT, 390 Princess Street, Kingston, Ontario, K7L 1B8 (the “Premises”) on the basis of alleged violations of subsection 30(4) of the Liquor Licence Act (“LLA”) and subsections 30(4) and 45(1) of Ontario Regulation (“O.Reg”) made pursuant to the LLA, was held on February 2, June 19 and 20, 2007 in the City of Kingston.
Decision
- After considering all the evidence and submissions the Board DISMISSES the allegations. Reasons follow.
Preliminary Matters
- The Board refused to sever the matters of April 16, 2006 from those of February 28, 2006 and ORDERED all matters should be dealt with together. The Board ordered witnesses excluded.
Registrar’s Evidence
Michael Londry was 18 years of age when he entered Stages on April 16, 2006. He stated he gained entry to the bar by using an Ontario Driver’s Licence in the name of Alexander Russo with a date of birth of March 1, 1985.
He had been drinking prior to going out and had attempted to enter Stages earlier that night but was refused by the doorman, Mike Delaney, who knew him personally. Mr. Londry stated Mr. Delaney advised him that he was too drunk and recognized his identification was false. Mr. Londry wandered around downtown and returned to Stages just prior to last call. Mike Delaney was not at the door. Mr. Londry showed the doorman his false identification and entered Stages. In the bar he met up with some friends. He ordered one or two drinks and one of his friends bought him a drink. Mr. Londry cannot recall if he was asked for identification when he ordered the drinks because, by that point, everything was a blur.
At the end of the evening, Mr. Londry became involved in a fight outside Stages which brought him into a police investigation. He spoke to a police officer after the incident but cannot recall the Officer’s name, nor could he recall seeing him at the hearing today.
On cross-examination, Mr. Londry admitted he had been drinking at home prior to going out and was already intoxicated when he first attempted to enter Stages. It was a busy night at Stages. He could not recall seeing Mike Delaney while he was inside the bar or when leaving. Mr. Londry could not recall if he was asked to pay a cover-charge when he entered the bar.
Mr. Londry was interviewed by Detective Bough of the Kingston Police Service regarding the fight which occurred on April 16, 2006 outside Stages. Mr. Londry told the Detective that he entered the Bar without showing identification. Before the Board he said that was untrue and his testimony that he entered using false identification was in fact the truth. Mr. Londry said he lied to the police because he did not want to get in more trouble over using false identification.
Mr. Londry advised he had not spoken to Mike Delaney in the last ten days and did not recall ever telling him that he had nothing to drink while inside Stages.