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-
Rejeanne’s Bar & Grill Ltd. O/A Rejeanne’s Bar and Grill
Licensee
DECISION ON SANCTION
Panel: Brian J. Ford, Board Member
Decision Date: April 4, 2008
Hearing Location: Toronto, 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 ) Phillip Morris, Representative Rejeanne’s Bar & Grill Ltd., Licensee ) Gregory Burd, Representative
Allegations
1. A hearing into Notice of Proposal number 15497 dated July 31, 2007, to suspend liquor licence number 801766 (the Licence) issued to Rejeanne’s Bar and Grill Ltd., operating as REJEANNE’S BAR AND GRILL, 700 Balmoral Drive, Unit 1, Brampton, Ontario, L6T 1X2, (the Licensee) on the basis of an alleged violation of subsection 45(1) of Ontario Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA), was held on January 7, 2008, in the City of Toronto.
2. In its decision dated March 4, 2008, the Board found that there had been a breach of subsection 45(1) of the O.Reg and asked the parties for submissions on sanction.
Registrar’s Submissions on Sanction
3. Mr. Morris notes that the Board made a finding of a breach of subsection 45(1) of the O. Reg by permitting a drunken patron in the licensed premises. Mr. Morris points out that the Licensee’s licence was suspended for three days in 1996 and again in 2001 for three days for breaches of the LLA and Regulations.
4. He further advises the Board that the licence was again suspended in 2007 for a period of seven days for permitting drunkenness. In that case the patron was severely intoxicated and had to be hospitalized. The Licensee at the time showed remorse and cooperated with the Commission.
5. Mr. Morris submits that as this particular incident occurred approximately a year later that the Licensee has not learned his lesson. It is the Registrar’s position that a fourteen (14) day suspension is in order for general and specific deterrence.
Licensee’s Submission on Sanction
6. Mr. Burd notes the finding of breach of the Regulation by permitting a drunken patron in the licensed premises.
7. However, he submits that while the Licensee’s record is not unblemished it is, save for the occurrence in 2007, quite dated. The Licensee asks that the Board consider that it was cooperative.
8. Mr. Burd would also like the Board to note that there was no service of alcohol involved with the particular individual and that the individual’s presence in the establishment may have been less than fifteen minutes. He also notes that the individual was removed from the establishment professionally and without incident.
9. Mr. Burd respectfully submits that it is not a question of a lesson to be learned, but perhaps, a question of becoming more diligent and aware. In the specific circumstance of the matter, a suspension of seven days will satisfy the need for specific and general deterrence.
Decision and Order
10. The Board, on considering the submissions, notes that the Licensee has had a history of violations of the LLA and Regulations, the most recent being in 2007 for which a seven day suspension was ordered.
11. The Board notes that the drunken patron had to be pointed out to the Licensee by a Liquor Inspector, but that when the infraction was pointed out, the Licensee was cooperative with the Liquor Inspector and the patron was removed.
12. The Board agrees with Mr. Burd that the Licensee has to become more diligent, aware and vigilant to its obligations under the Act and its Regulations. There is a need for a sanction to satisfy a general and specific deterrence.
13. In this particular case, the Board feels that given the prior history of the Licensee that a strong message has to be sent that permitting drunkenness in the establishment is taken very seriously by the Board. Therefore, having considered the submissions, the Board hereby ORDERS that the liquor licence issued to Rejeanne’s Bar and Grill Ltd. operating as REJEANNE’S BAR AND GRILL, 700 Balmoral Drive, Unit 1, Brampton, Ontario, L6T 1X2, licence number 801766, be SUSPENDED for ten (10) consecutive days.
14. 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 3rd DAY OF April , 2008
BRIAN J. FORD, BOARD MEMBER
BJF/ee