Registrar, Alcohol and Gaming Commission Ontario v. 501250 Ontario Inc., 2007 CanLII 41548

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-

501250 Ontario Inc. O/A Wally’s Roadhouse Licensee

DECISION ON SANCTION

Panel: David C. Gavsie, Chair Decision Date: August 28, 2007 Hearing Location: Ottawa, 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 501250 Ontario Inc., Licensee ) Roger Button, Representative

1A hearing of the Alcohol and Gaming Commission of Ontario (“AGCO”) was held in Ottawa on June 14, 2007 to consider a Notice of Proposal dated March 6, 2007 (the “NOP”) to suspend the liquor licence of 501250 Ontario Inc (the “Licensee”) operating as WALLY’S ROADHOUSE, 2532-2536 Innes Road, Gloucester, Ontario, K1B 4C5 (the “Premises”), licence number 20092.

2In its decision of July 27, 2007, the Board found that the Licensee had breached subsection 45(1) of Ontario Regulation 719/90 (“O.Reg”) on both December 9, 2006 and January 5, 2007.

Submissions

3The Board asked counsel to make written submissions on sanction which the Board has reviewed and considered.

4Mr. Kulis for the Registrar, asks that 10 day suspension be imposed indicating that this sanction already takes into account the Licensee’s prior record since 1992. Also, Mr. Kulis argues that in the case of both violations, the Licensee should have had a staff meeting to educate staff, or staff should have been more alert.

5Mr. Button for the Licensee characterized the violations as careless rather than wilful. He also pointed out that Const. Quesnel on the earlier date was satisfied with the way the Licensee handled the matter. In Mr. Button’s view, the first violation deserves a warning, and the second violation a 4 day suspension.

Decision On Sanction

6The Board was impressed with the Licensee’s compliance record in the 28 years of operating its business i.e. no previous disciplinary action by the AGCO or its predecessor.

7On the other hand, there were 2 different violations found to have occurred within the space of 1 month by 2 different law enforcement personnel.

8As a matter of general deterrence, a suspension of the licence must take place, but the length of the suspension should take in to account the past clean record of the Licensee.

Order

9The Board believes that a 7 day suspension of Licence number 20092 is the appropriate sanction in this case.

10The 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.