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-
1252378 Ontario Inc. O/A SIN Licensee
DECISION ON SANCTION
Panel: Beryl Ford, Board Member Alex McCauley, Board Member
Decision Date: November 21, 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 ) Joyce Taylor, Representative 1252378 Ontario Inc., Licensee ) Ainslie Dunstone, Representative
1A hearing into a Notice of Proposal number 15118 dated April 12, 2007 to suspend liquor license number 202703 issued to 1252378 Ontario Inc. (the "Licensee") operating as SIN, 378/380 Elgin Street, Unit E, Ottawa, Ontario, K2P 1N1, on the basis of alleged violation of subsection 45(1) of Ontario Regulation 719/90 ("O.Reg") made pursuant to the Liquor Licence Act ("LLA") was held on July 19, 2007 in the City of Ottawa.
2In its decision dated September 28, 2007, the Board found the Licensee violated subsection 45(1) of the O. Reg. Parties were directed to provide written submissions on an appropriate sanction.
Reasons
3The Board has carefully considered the submissions on sanction presented by Ms. Taylor, Registrar's Representative and Mr. Dunstone, Licensee's Representative.
4In its decision of September 28, 2007 the Board found the Licensee's two witnesses were not credible. Their evidence was hopelessly inconsistent both with each other, their own signed statements prepared for their representative, and the evidence of two liquor inspectors.
5Although the signed statements of the two witnesses for the Licensee were presented to the Board outlining what had occurred on the night in question, both witnesses stated at the hearing that their statements were inaccurate and their recollection of what happened had changed substantially during the hearing.
6The Licensee's witnesses attempted to convince the Board that the patron had been removed from the premises 45 minute prior to the liquor inspector's arrival. It is inconceivable that a person would remain outside an establishment in a t-shirt without a coat in February for 45 minutes before re-entering the premises, as suggested by the Licensee's witnesses.
7The Licensee failed to provide any credible evidence to refute the Registrar's allegations. The Board is concerned that the conduct of the Licensee's witnesses discloses a failure on the Licensee's part to take the liquor enforcement process seriously and respectfully
8While Mr. Dunstone submitted a suspension would have a negative financial impact on the Licensee, compounded by the fact the Licensee recently served a 21 day suspension of its liquor licence for LLA infractions at an earlier date. Mr. Dunstone submitted the Board should consider mitigating circumstance that their employees derive their livelihood from employment at the establishment and that the Licensee supports a number of fundraisers in the community.
9No evidence was presented at the Hearing regarding the financial losses of the establishment or the consequences of the previous suspension. Even if the evidence had been heard, it would be irrelevant in considering the current violations and sanction.
10In all the circumstances, and given the particular facts of this case, the Board is satisfied that the Registrar's proposal of a 14 day suspension is reasonable and appropriate and meets the objective of both specific and general deterrence.
Order
11The Board orders that liquor license number 202703 issued to 1252378 Ontario Inc. operating as SIN, 378/380 Elgin Street, Unit E, Ottawa, Ontario, K2P 1N1, be suspended for a period of fourteen (14) consecutive days.
12The 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 21^st^ DAY OF NOVEMBER, 2007
BERYL FORD, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER
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