ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The : Gaming Control Act, 1992, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission Ontario
Registrar
-and-
Wieslaw Koper
Registrant
DECISION
Panel: Eleanor Meslin, Board Member Guy Maurice, Board Member
Decision Date: November 22, 2007
Hearing Location: Niagara Falls, 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 ) Ed Wren, Representative Wieslaw Koper, Registrant ) on his own behalf
1A hearing into a Notice of Proposed Order dated June 18, 2007 to revoke the registration of WIESLAW KOPER, registration number 24833, as a gaming assistant on the basis of section 11 of the Gaming Control Act "GCA" was held on September 24, 2007 in the City of Niagara Falls.
Decision
2After considering all the evidence and submissions the Board REVOKES the registration of WIESLAW KOPER as a gaming assistant. Reasons follow.
Preliminary Matters
3Registrar's Representative filed a book of Documents as Exhibit 1.
Evidence
4Registrar's witness Mr. Jeff Longhurst reviewed Mr. Koper's file. Tab 6 of Exhibit 1 shows the Registrant has two convictions for impaired driving. The Registrant failed to disclose the most recent conviction to the registrar despite having a self-disclosure obligation as a condition of his registration, Tab 4, Exhibit 1, signed December 8, 2004. Mr. Longhurst is of the opinion that the failure to disclose is grounds for revocation.
5Mr. Wieslaw Koper started working at casinos in January 1994. His first conviction for impaired driving was in 2004 shortly after being hired at Casino Niagara as a part-time dealer. He received a fine on that occasion. He was under a lot of stress and fell into hard times. In February 2006, he was charged with impaired driving having 4 times the legal limit of alcohol in his system. He was convicted in 2007 on those charges and sentenced to 21 days in jail and his driver's licence was suspended for 3 years.
6In his Disclosure document dated December 2, 2006 the Registrant admits being charged, found guilty or convicted of an offence and attached a page referring to impaired driving in 2004. (Exhibit 1, Tab 2). However, on the same form dated December 7, 2006 the Regsitrant denied having been charged, found guilty or convicted of an offence (Exhibit 1, Tab 2, pg.3). He states that he reported verbally to the AGCO office in Niagara Falls. Mr. Wren questioned the Registrant quite thoroughly about these inconsistencies and the failure to report the 2007 conviction to the AGCO.
7The Registrant states that, if he loses his dealer's licence and work at casinos, his life is over. At the same time he told the Board that his personal situation is much better now. He works almost full-time and needs to keep his licence for his job.
Submissions
8Registrar's Representative submitted that the Registrant had been given the benefit of the doubt with respect to his initial registration in December 8, 2004. However, the failure to disclose the 2007 repeat offence, which involved an extremely high blood alcohol level, and his lies on the 2 forms filed is very serious. The public relies on the honesty and integrity of casino employees. One must look at past conduct. There is nothing to indicate that he has corrected his behaviour. There is no room to put him on terms, since he has already breached the existing terms. Mr. Wren stated there are reasonable grounds to find Mr. Koper contravened the terms and conditions of his registration.
9Mr. Koper admitted that he has made many mistakes and failed to notify the AGCO of the charges against him. He hopes he can get a second chance because if he loses his licence he will lose his job.
Decision
10We have reviewed the evidence and the submissions made. The Registrar has 2 concerns:
The Registrant has not acted as a gaming assistant in accordance with law or with integrity, honesty, or in the public interest having regard to the past conduct of the Registrant; and
The Registrant has carried on activities that have been in contravention of the Act and regulations.
11The clear and detailed evidence of Mr. Longhurst supports the Registrar's allegations. The Registrant has admitted the particulars of the allegations and given explanations for his actions as being under extreme stress which led him to alcohol.
12The Board is concerned that, while Mr. Koper admitted the facts, he has showed no remorse or an understanding of the importance of making prompt and complete disclosure to the AGCO.
13Given the admitted failure to make full disclosure of the charges and convictions to the AGCO, and the total breach of the terms of registration, the past conduct of this Registrant is such that having him continue as a Registrant would undermine the public's confidence in gaming in the province.
Order
14Therefore, the Board CONFIRMS the Registrar's proposed order to revoke the registration of Wieslaw Koper as a gaming assistant, registration number 24833, effective immediately.
DATED AT TORONTO THIS 22nd DAY OF NOVEMBER, 2007
GUY MAURICE, BOARD MEMBER ELEANOR MESLIN, BOARD MEMBER
GM/sm