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 of Ontario Registrar
-and-
2113339 Ontario Inc. O/A The James Joyce Irish Pub Licensee
DECISION ON SANCTION
Panel: Patricia McQuaid, Vice-Chair Brian J. Ford, Board Member
Decision Date: August 20, 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 2113339 Ontario Inc., Licensee ) Jerry Levitan, Representative
A hearing into a Notice of Proposal (“NOP”) number 16149 dated April 3, 2008 to suspend liquor licence number 201449 (the “Licence”) issued to 2113339 Ontario Inc. (the “Licensee”) operating as THE JAMES JOYCE IRISH PUB, 386 Bloor Street West, Toronto, Ontario, M5S 1X4 (the “Premises”), on the basis of alleged violations of subsections 30(2) and 30(4) of the Liquor Licence Act (“LLA”) and subsection 41(1) of Ontario Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on July 8, 2008 in the City of Toronto.
In its decision dated July 25, 2008 the Board found that the Licensee violated subsections 30(2) and 30(4) of the LLA, and subsection 41(1) of the O.Reg in respect of one patron. Parties were directed to provide written submissions on an appropriate sanction. The Board has received and reviewed those submissions.
Decision On Sanction
In the Notice of Proposal, a fourteen (14) day suspension was sought by the Registrar in respect of incidents on January 7, 2008 whereby two minors were allegedly served and consumed alcohol with either no or inadequate checking of identification. The Board, as noted above, did make findings in respect of one of the patrons. The Board cannot agree with Mr. Levitan that the allegations regarding the female were the more serious ones. Service to underage patrons and the related offence of failing to properly inspect identification of a person apparently under the age of nineteen before serving them are always very serious matters.
However, notwithstanding Mr. Morris’ submissions that a fourteen (14) day suspension, the full period sought in the NOP, is appropriate given prior history, the Board has concluded that there are mitigating factors.
This is not a situation in which the Licensee or his employees did not acknowledge the error. Ms. Barrie did so that evening. It cannot be said that the Licensee did not understand or accept its responsibilities under the LLA as policies were in place, though there is no question that it did not meet the onus upon it in this circumstance.
This licensee does have a history of violations. Discipline, especially with respect to continued violations of the same regulation, is generally progressive. Like all policies or guidelines, however, the Board must look at the particular set of facts before it to assess the appropriate application of the policy. The prior suspensions were for overcrowding and drunkenness, at a time early in this licensee’s operation of the business, apparently a rocky introduction to the business of operating a licensed establishment. There was, on the evidence, no repetition of violations of this nature. The Board is prepared to conclude that the Licensee learns from his mistakes and responds positively to the disciplinary action taken.
That being said, there are however, a number of violations in a short period of time and a three day suspension would not appropriately serve the purposes of specific and general deterrence. For these reasons, and taking into consideration the seriousness with which this Board regards violations for service to minors and the responsibility upon licensees, especially when situated in close proximity to areas where significant numbers of young people go to school and reside, the Board concludes that an eight (8) day suspension is appropriate.
Order
Therefore, the Board ORDERS that liquor licence number 201449, issued to 2113339 Ontario Inc. for premises operating as THE JAMES JOYCE IRISH PUB, 386 Bloor Street West, Toronto, Ontario, M5S 1X4 be suspended for a period of eight (8) consecutive days.
The 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 20^th^ DAY OF AUGUST, 2008.
PATRICIA MCQUAID, VICE-CHAIR BRIAN J. FORD, BOARD MEMBER
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