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-
Darchris Productions Inc. O/A Solid Gold Adult Entertainment Licensee
DECISION ON SANCTION
Panel: Allan Higdon, Board Member Alex McCauley, Board Member
Decision Date: April 9, 2008
Hearing Location: London & 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 ) Brad Alton, Representative Darchris Productions Inc., Licensee ) Angelo Fazari & Andrew Iler, ) Representatives
A hearing into Notice of Proposal number 15651 dated September 14, 2007 to revoke a liquor licence and an Order dated September 14, 2007 and amended September 21, 2007 to immediately suspend liquor licence number 92427 issued to Darchris Productions Inc. operating as SOLID GOLD ADULT ENTERTAINMENT, 398 Clarence Street, London, Ontario, N6A 3M7, on the basis of alleged violations of clause 6(2)(d) and subsection 45(1) and 45(2) of the Liquor Licence Act ("LLA") and subsection 45.1 of Ontario Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on October 3 and 4, November 8, 9, 14,15 and 16, 2007 in the City of London and on December 10, 2007 in the City of Toronto.
In its decision dated February 27, 2008, the Board made findings of a violation of subsection 45(1) of the LLA. The manager, Mr. Fortier, had obstructed an inspection of the licensed premises by lying to the police officers. Further, the Board found, based again on the actions of Mr. Fortier, the Licensee failed to operate with honesty and integrity as required by law contrary to clause 6(2)(d) of the LLA. The alleged violations of subsection 45.1 of the O.Reg and subsection 45(2) of the LLA were dismissed. Parties were directed to provide written submissions on an appropriate sanction. The Board has received and reviewed those submissions.
Decision on Sanction
- The Board notes the Licensee’s discipline history over the past three years resulting in the following sanctions:
12 day suspension for a manager assault on a patron;
30 day suspension for a staff assault on a patron;
lengthy interim suspension and further 90 day suspension for staff assault on police officers;
- In its 2007 decision ordering the 90 day suspension, Solid Gold Adult Entertainment, [2007] O.A.G.C.D. No. 242, the Board emphasized the seriousness of the case before it and, while declining to revoke the license, stated the Licensee had:
(… ) one more chance to show he and his manager of the premises can get it right. (para 15)
In this panel’s view, the Licensee has fallen short in his responsibility to ensure the premises are managed and operated in accordance with the law and clearly they must do better.
While the Board had some difficulty with aspects of the investigative procedure employed in this matter, our concerns about process in no way excuse the conduct of the Licensee’s manager on the night in question. The Board is more than satisfied the evidence presented regarding the obstruction by Mr. Fortier supported the finding of obstruction.
The Board cannot accept the submissions of Licensee’s counsel that there should be no sanction or, alternatively, no more than a seven day suspension. This is wholly inappropriate sanction given the circumstances of the case and in light of the Licensee’s discipline history. The sanction must reflect the seriousness of the breaches by the Licensee.
The Board agrees that Registrar’s counsel’s submissions on sanction are both appropriate and abundantly fair. The 89 days under which the license was subject to an interim suspension, between September 14 and December 12, 2007, satisfies the objectives of specific and general deterrence in the circumstances of this case.
Order
The Board ORDERS that liquor licence number 92427 issued to Darchris Productions Inc. operating as SOLID GOLD ADULT ENTERTAINMENT, 398 Clarence Street, London, Ontario, N6A 3M7, is not subject to any additional period of suspension in respect of Notice of Proposal number 15651 and that the EIGHTY-NINE (89) day suspension, comprising the period the Interim Suspension Order dated September 14, 2007 was in effect, constitutes the penalty for the breaches of the LLA as found by the Board in its decision dated February 27, 2007.
Further, the Board ORDERS that the following condition be attached to the liquor licence:
Mr. Doug Exner and Mr. Michael Fortier are permanently prohibited from being an officer, director, shareholder, manager, employee, volunteer or patron of the licensed premises of Solid Gold and are prohibited from entry on to the licensed premises.
DATED AT TORONTO THIS 9th DAY OF APRIL, 2008
ALEX MCCAULEY, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER
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