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-
6443338 Canada Inc. O/A Stone House Bar & Grill (The)
Licensee
DECISION ON SANCTION
Panel: Bruce Monteith, Board Member
Decision Date: February 26, 2008
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
6443338 Canada Inc., Licensee ) Youseff Miri, director, shareholder
) and officer
[1]. A hearing into a Notice of Proposal number 15240 dated May 10, 2007 to suspend liquor licence number 201229 issued to 6443338 Canada Inc. (the "Licensee") operating as STONE HOUSE BAR & GRILL (THE), 3740 Carp Road, Ottawa, Ontario, K0A 1L0 (the "premises") on the basis of an alleged violation of section 29 of the Liquor Licence Act ("LLA") and subsections 34(1) and 45(1) of Ontario Regulation 719/90 ("O.Reg") made pursuant to the LLA was held on October 2, 2007 in the City of Ottawa.
[2]. In its decision dated October 26, 2007 the Board found the Licensee violated section 29 of the LLA and subsections 34(1) and 45(1) of the O.Reg. Parties were directed to provide written submissions on an appropriate sanction. The Board has received and reviewed those submissions.
Decision on Sanction
[3]. Mr. Miri agreed with the Inspector’s observations, admitted that he was responsible for allowing the infractions and was prepared to accept responsibility for what occurred. He submitted that it was perhaps bad judgement on his part that the infractions had occurred. The Board notes that Mr. Miri said that he has taken steps to ensure that there will be no reoccurrence of these or any similar infractions in the future. The Board also notes the Licensee has not been charged with an infraction in the past 2 years.
[4]. The Registrar is seeking a 10 day suspension of the licence, whereas the Licensee is asking for a warning only.
[5]. In the Board’s view, a 10 days suspension is too severe but a suspension is required and is appropriate in this case as a matter of specific and general deterrence. The Licensee violated three provisions of the LLA and, despite his remorse and recent past history, the Board concludes a suspension of 7 days is warranted in the circumstances.
Order
[6]. Therefore, the Board ORDERS that liquor licence number 201229 issued to 6443338 Canada Inc. operating as STONE HOUSE BAR & GRILL (THE), 3740 Carp Road, Ottawa, Ontario, K0A 1L0, be suspended for a period of seven (7) consecutive days.
[7]. 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 26TH DAY OF FEBRUARY, 2008
BRUCE MONTEITH, BOARD MEMBER
BM/sm