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-
4840985 Manitoba Ltd.
O/A Winston Motor Hotel
Licensee
DECISION ON SANCTION
Panel: Kirsti Hunt, Vice-Chair Guy Maurice, Member
Decision Date: September 7, 2007
Hearing Location: Sioux Lookout, 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: agco.gov.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Phillip Morris, Representative 4840985 Manitoba Ltd., Licensee ) Boris Kravets, on behalf of the ) Corporate Licensee
Allegations
A hearing into a Notice of Proposal (“NOP”) dated January 23, 2007, to suspend the liquor license of 4840985 Manitoba Ltd. operating as WINSTON MOTOR HOTEL, 31 Koval Street South, Township of Pickle Lake, Pickle Lake, Ontario, POV 3AO (the “Premises”) licence number 11167 (the “Licence”) on the basis of alleged violations of section 29 of the Liquor Licence Act (“LLA”) and subsection and 45(1) of Ontario Regulation 719/90 (the “O. Reg.”) under the LLA, and a Supplementary Notice of Proposal dated May 7, 2007, to suspend a licence, was held on June 21, 2007, in Sioux Lookout.
In its decision dated July 30, 2007 the Board found the Licensee violated section 29 of the LLA and subsection 45(1) of O.Reg. Parties were directed to provide written submissions on an appropriate sanction. The Board has received and reviewed those submissions.
Submissions
Mr. Morris submitted on behalf of the Registrar that a 35 day suspension was appropriate as a matter of specific and general deterrence citing a number of aggravating circumstances. Less than two months prior to these incidents started, the Registrar suspended the licence for 14 days in part for permitting drunken patrons in the establishment on four separate dated. The current notices of proposal involve a total of 12 drunks on 3 dates and a lot of alcohol served to patrons. In this case, and the previous incidents, police had to use force to subdue drunken patrons which puts officer safety at risk. The Licensee’s only response is to say that he is caught between a rock and a hard place. It is his responsibility to adapt to local conditions to ensure that his clients are not drunk and disorderly. If he can’t, he shouldn’t operate a bar there.
Mr. Kravets submitted for the Licensee that he has owned the hotel for almost four years and has done extremely well in adapting to conditions. The previous owners explained the task of dealing with the clientele in Pickle Lake and they were shut down on several occasions due to similar circumstances. What has not changed is the recurring problem with patrons after the dance. Mr. Kravets asked why the bartender at the dance has not been questioned, why the OPP does not grab these people as they leave the dance and why no one has suspended the hall for over serving? A 35 day suspension is not attractive but he asked that if possible this matter be taken care of ASAP. After the hearing, the bar is closed on any day a dance is held or any other functions that they feel may be detrimental to the hotel.
Decision on Sanction
Given the number of findings on multiple dates, the past history with similar findings and the fact that the Licensee had served a suspension just months before the present incidents, the Board agrees with the Registrar that a significant suspension is appropriate in this case. Also the Licensee, in his submissions, seemed to put blame on the circumstances in the community and direct attention to shortcomings of other parties rather that admitting responsibility. Whatever the circumstances, it is the responsibility of a licence holder to abide by the dictates of the Act and Regulations and this Licensee has not done so.
The Board accepts the submission of the Licensee that, after the hearing, the bar is closed on any day a dance is held or any other functions that they feel is detrimental to the hotel. Given that the problems seemed to occur on evenings when there was a dance at the community centre, the Board finds that closing the bar on those nights will go a long way to alleviating the problems of the past and considers that a considerable mitigating circumstance.
For the reasons given, the Board finds that, as a specific and a general deterrence, a 28 day suspension is appropriate in all the circumstances of this case.
Therefore, the Board ORDERS that licence number 11167 issued to 4840985 Manitoba Ltd. operating as WINSTON MOTOR HOTEL, 31 Koval Street South, Township of Pickle Lake, Pickle Lake, Ontario, P0V 3A0, be SUSPENDED for a period of twenty-eight (28) consecutive days.
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 7th DAY OF SEPTEMBER, 2007.
GUY MAURICE, BOARD MEMBER KIRSTI HUNT, VICE-CHAIR
KH/mw/sm