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-
1694062 Ontario Inc. O/A Brig British Pub, Kanata (The)
Licensee
ORDER
Panel: David C. Gavsie, Chair of AGCO Kirsti Hunt, Chair of Panel
Decision Date: February 14, 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
1694062 Ontario Inc., Licensee ) Paul Lewandowski, Representative
Allegations
- A hearing into a Notice of Proposal number 15784 dated November 20, 2007, a Supplementary Notice of Proposal dated November 27, 2007 to revoke a liquor licence and an Order dated November 20, 2007 to immediately suspend a liquor licence on an interim basis pending a hearing of the Notice of Proposal to liquor licence number 805651 (the “Licence”) issued to 1694062 Ontario Inc. (the “Licensee”) operating as BRIG BRITISH PUB, KANATA (THE), 655 Terry Fox Drive, Kanata, Ontario, K2L 4E7, on the basis of alleged violation of clause 6(2)(g.1) of the Liquor Licence Act (“LLA”) and subsection 45(1) and sections 29, 33, 45.2 of Ontario Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on December 6, 2007, January 3, 2008, February 5, 2008 and February 6, 2008 in the City of Ottawa.
Motion
The Board issued Orders to continue the Interim Suspension on December 6, 2007 and January 9, 2008.
At the hearing on January 3, 2008, the Licensee brought forward a Motion to lift the Interim Suspension Order. Arguments were not completed on that date and the Board ordered a continuation of the suspension until the Motion was completed. An Amended Motion was filed with the Board on or around January 22, 2008, and the Amended Motion was argued by the Parties before the Board at its hearing on February 5, 2008.
The Licensee has asked the Board to lift the immediate suspension of the Licence by the Registrar issued on November 20, 2007. In order for the Board to do so, the Licensee must show that the Registrar’s reasons for issuing the immediate suspension on November 20, 2007 have been rebutted.
The Registrar’s reasons as set out in the second last paragraph of page 2 of the Interim Suspension Order read:
The Registrar has reason to believe based on the material reviewed that the licensee is not capable of effectively controlling the activities in the licensed premises either personally or through managers. As a result a dangerous situation was created on November 17, 2007 and could arise in the future. This is contrary to the public interest which expects that patrons will enjoy a safe environment when they attend.
At the conclusion of arguments, the Board gave a verbal Order, at the hearing on February 6, 2008, denying the Licensee’s Amended Motion.
Further, the Board expressed the following concerns:
a) Mr. Wang’s inexperience. He has not really done very much by way of improvement or change since November 20, 2007;
b) there are issues regarding the capabilities of Penny Burgess who is proposed as the night manager of the Licensee; and
c) the security arrangements are neither firm or complete at this time. The proposed contractor, Capital Security, has not visited the Premises. The evidence given by Mr. Lalande on February 5, 2008 at the hearing was in the abstract and hypothetical. What is needed is a conditional complete draft agreement covering all the appropriate security bases.
Order
- Therefore, the Board CONFIRMS its oral ORDER given at the hearing on February 6, 2008. Based on the evidence heard on the motion, the Board FINDS that there are reasonable grounds to conclude that continuing the Interim Suspension is necessary to protect the public interest.
DATED AT TORONTO THIS DAY OF , 2008
DAVID C. GAVSIE, CHAIR OF AGCO KIRSTI HUNT, CHAIR OF PANEL
DCG/sm