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-
4050886 Canada Inc. O/A Leather Works Pub & Restaurant (The) Licensee
DECISION ON SANCTION
Panel: David C. Gavsie, Chair, AGCO Decision Date: May 13, 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 4050886 Canada Inc., Licensee ) Zhengping (John) Yang ) Dennis Burn
Allegations
1. A hearing of the Alcohol and Gaming Commission of Ontario (“AGCO”) was held in Ottawa on February 21, 2008 regarding a Notice of Proposal dated December 13, 2007, number 15853, to suspend the liquor licence of 4050886 Canada Inc., operating as Leather Works Pub & Restaurant (The) (the “Licensee”), 12 Bell Street, Carleton Place, Ontario, K7C 1V9, licence number 0023709, on the basis of alleged violations of section 29 of the Liquor Licence Act (LLA) and subsections 44(1) and 45(1) of Ontario Regulation 719/90 (O.Reg) made pursuant to the LLA.
2. In its decision of March 17, 2008, amended April 14, 2008, the Board found violations of section 29 of the LLA and subsections 44(1) and 45(1) of the O.Reg. The parties were directed to provide written submissions on an appropriate sanction. The Board has received and reviewed those submissions.
Decision on Sanction
3. Ms. Taylor reviewed the Licensee’s past discipline history as well as the discipline history of another corporate licensee of which Mr. Yang is a principal. Ms. Taylor submits the evidence establishes a failure to monitor by staff and a failure to supervise staff. She sought an 18 day suspension of the license.
4. Mr. Burn for the Licensee stated the 18 day suspension was excessive. He noted a local competitor had received a 14 day suspension for overserving a minor to the point the minor was found passed out in a snow bank. Mr. Burn submitted an 11 to 12 day suspension would be more appropriate in this case.
5. In reply Ms Taylor distinguished the case relied on by Mr. Burns noted that licensee had agreed to serve a seven day suspension for serving a person under 19. There was no finding the minor was drunk or 15 years old. Also, that licensee accepted responsibility for the infraction in a timely manner and was credited accordingly.
6. The Board is concerned by Mr. Yang’s involvement in two establishments with less than stellar discipline records. As the sole director, officer and shareholder of these licensees Mr. Yang is responsible for properly directing his management and staff. As a previous licence holder, and now a manager, Mr. Burn is expected to know his obligations under the LLA. Violations like those found in this case will not be condoned or excused.
Order
7. Therefore, as a matter of general and specific deterrence, the Board finds that a 14 day suspension is appropriate in the circumstances.
8. The Board ORDERS that liquor licence number 0023709 issued to 4050886 Canada Inc., operating as Leather Works Pub & Restaurant (The), 12 Bell Street, Carleton Place, Ontario, K7C 1V9, be suspended for FOURTEEN (14) consecutive days.
9. 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 13th DAY OF May , 2008
DAVID C. GAVSIE, CHAIR , AGCO
DCG/ee