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-
6477291 Canada Inc. O/A Hooley's Restaurant Licensee
DECISION ON SANCTION
Panel: Guy Maurice, Board Member Bruce Monteith, Board Member
Decision Date: November 22, 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 Toll Free In Ontario: 1-800-522-2876 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Richard Kulis, Representative 6477291 Canada Inc., Licensee ) Ainslie Dunstone, Representative
Allegations
1A hearing into a Notice of Proposal ("NOP") number 14878 dated January 23, 2007 and a Supplementary Notice of Proposal ("SNOP") dated May 7, 2007 to suspend liquor license number 20638 issued to 6477291 Canada Inc. (the "Licensee") operating as HOOLEY'S RESTAURANT, 292 Elgin Street, Ottawa, Ontario, K2P 1M3 on the basis of alleged violations of subsection 45(2) and 29 of the Liquor Licence Act ("LLA") and subsections 20(1), 45(1) and section 33(1) of Ontario Regulation 719/90 ("O.Reg") was held on June 12 and 13, 2007 in the City of Ottawa.
2In its decision dated November 1, 2007 the Board found the Licensee violated section 29 of the LLA and subsections 20(1), 45(1) and section 33(1) of the O.Reg. The Board dismissed the alleged violation of subsection 45(2) of the LLA. Parties were directed to provide written submissions on an appropriate sanction. The Board has received and reviewed those submissions.
Decision on Sanction
3The Board agrees with Registrar’s Counsel that the Licensee’s staff were very lax in their attitude toward drunken patrons. It is very obvious to the Board that both staff and management did not know how to prevent or respond to infractions.
4The Licensee argues that Inspector Rowntree is a very junior and inexperienced inspector. Given the Board’s findings on the evidence this submission is completely irrelevant. Moreover, as a former liquor inspector, Mr. Dunstone is well aware of the nature and quality of the training given to AGCO staff.
5Although Hooley’s management held routine staff meetings the evidence does not show that the staff learned anything from the meetings. The Board is of the opinion that a 21 day suspension will make clear to management how seriously they have erred in the running of the establishment and will deter repetition.
6The Board notes that three senior managers have been released by Hooley’s since the Notice of Proposal. However, for the purposes of this matter, that amounts to closing the stable door has been closed after the horse has gone. While the Board hopes that this experience and the steps taken in response will improve Hooley’s operation, given the number of violations, the very poor management practices displayed during the events in question, the need for specific and general deterrence, a significant period of suspension is required to instil in the management that because a liquor licence has been issued it does not mean that the regulations can be ignored after the fact.
Order
7The Board orders that liquor license number 20638 issued to 6477291 Canada Inc. operating as HOOLEY'S RESTAURANT, 292 Elgin Street, Ottawa, Ontario, K2P 1M3, be suspended for a period of twenty-one (21) consecutive days.
Conclusion
8Licensee 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 22nd DAY OF NOVEMBER, 2007
BRUCE MONTEITH, BOARD MEMBER GUY MAURICE, BOARD MEMBER
BM/sm