LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: LE BAR ATLANTIS 220 King St., Unit C Sturgeon Falls, Ontario P2B 1R9
Licensee: Eric Keith Guenette
Licence Number: 202689
Notice of Proposal: To SUSPEND a licence Dated July 25, 2006
The Proposal alleges that:
Contrary to subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act (the "O. Reg."), the licence holder permitted drunkenness or riotous, quarrelsome, violent or disorderly conduct to occur on the licensed premises or in the areas under the control of the licence holder.
Hearing: Best Western Lakeshore 700 Lakeshore Drive North Bay, Ontario January 3, 2007
Presiding
Board Member: David C. Gavsie, Chair
Counsel for the Registrar: Phillip Morris
Attendance: Constable Richard Savard, Police Officer Constable Cory Duhaime, Police Officer Constable Ken Paquette, Police Officer Inspector Raymond St. Pierre, Police Officer Steven Paul Botsford, for the licensee Michele Malette, for the licensee Eric Keith Guenette, licensee
The Board of the Alcohol & Gaming Commission of Ontario ("AGCO") held a hearing on Wednesday, January 3, 2007 (not 2006 as stated in the Board's decision dated January 23, 2007) in North Bay, Ontario pursuant to a Notice of Proposal dated July 25, 2006 (the "NOP") to suspend for 10 days the liquor licence of Eric Keith Guenette (the "Licensee") operating as Le Bar Atlantis, 220 King St., Unit C, Sturgeon Falls (the "Premises"), licence no. 0202689.
The Board in, its decision dated January 23, 2007, made a finding against the Licensee of a breach of subsection 45 (1) of the O. Reg. on January 28, 2006, and asked both the Registrar's counsel and the Licensee, who represented himself at the hearing, for submissions within specific timeframes. Submissions have been received from the Registrar's counsel, but nothing has been received from the Licensee within the stipulated time.
The evidence of the 4 police officers who testified at the hearing, the evidence of Ms. Malette; the bartender all point to the fact that Mr. Bellefeuille was intoxicated in the Premises and in fact went in and out of the bar to make and help Ms. Levesque with harassing telephone calls to Mr. Botsford. Mr. Bellefeuille was served at the bar and, in fact, was cut off. Mr. Bellefeuille was arrested for being intoxicated in a public place, and had to be escorted outside and placed in a police cruiser, all the time exhibiting signs of being intoxicated. There was no evidence or submission before the Board whether this was the first time the Licensee committed a violation of the LLA or regulations exacted thereunder or whether there were previous discipline issues, and specifically whether or not any such prior issues involved a breach of subsection 45 (1) of the O. Reg. The Board assumes there have been no such prior issues. The Board finds that as a matter of specific and general deterrence, a 7 day suspension is appropriate in this case.
Therefore, the Board ORDERS that the liquor licence issued to Eric Keith Guenette operating as Le Bar Atlantis, 220 King St., Unit C, Sturgeon Falls, licence no. 0202689 be suspended for SEVEN (7) consecutive days.
The suspension dates are to be submitted in writing to the Manager of Hearings section of the Alcohol & Gaming Commission of Ontario, 90 Sheppard Avenue East, Suite 200, Toronto, Ontario, M2N 0A4, facsimile 416-326-5566 within seven (7) days of today's date, failing which the Board shall set the dates for suspension without further notice to the licence holder. The suspension shall not commence for at least 20 days after the date of this decision and shall be completed within 90 days of the date of this decision, and shall be completed on days that the establishment is normally operating.
DATED AT TORONTO THIS 15TH DAY OF FEBRUARY, 2007.
DAVID. C. GAVSIE, CHAIR
DCG/mw