Registrar, Alcohol and Gaming Commission Ontario v. 1701085 Ontario Inc., 2008 CanLII 6146

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-

1701085 Ontario Inc. O/A Finnegan’s Wake Irish Pub & Restaurant

Licensee

DECISION

Panel: Patricia McQuaid, Vice-Chair Guy Maurice, Board Member

Decision Date: January 17, 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 Toll Free In Ontario: 1-800-522-2876 Fax: (416) 326-5566 Website: www.agco.on.ca

Appearances

Registrar, Alcohol and Gaming Commission ) Phillip Morris, Representative 1701085 Ontario Inc., Licensee ) Jerry Levitan, Representative

1. A hearing into a Notice of Proposal number 15886 dated December 28, 2007, and a Supplementary Notice of Proposal dated December 31, 2007, to revoke a liquor licence, and an Order dated December 28, 2007, to immediately suspend on an interim basis, liquor licence number 25565 issued to 1701085 Ontario Inc., operating as Finnegan’s Wake Irish Pub & Restaurant, 379 Speers Road, Oakville, Ontario, L6K 3T2, on the basis of alleged violations of subsections 6(2)(d), 6(2)(f), 45(1) and 45(2) of the Liquor Licence Act (“LLA”) and subsections 45(1) and 50(c) and sections 45.1 and 45.2 of Ontario Regulation 719/90 (“O.Reg”) made pursuant to the LLA, and a breach of condition that requires the management and staff to complete a Commission approved server-training course, was held on January 11, 2008, in the City of Toronto.

2. Evidence was called by the Registrar, however, following the midday recess, Phillip Morris, Registrar’s Representative, and Jerry Levitan, Licensee’s Representative, submitted an Agreed Statement of Facts (Exhibit #4) and Joint Submission on Disposition (Exhibit #5) which form part of this decision. It was agreed and admitted that:

1. On August 11, 2007, fights involving intoxicated patrons and licensee’s staff occurred outside the licensed premises.

2. On August 31, 2007, fire exit signs were not illuminated and fire exits were blocked, notwithstanding prior warnings.

3. On Dec. 20, 2007, a drunken patron became involved in an altercation with an off duty staff member at the annual Staff and Regular Patrons Christmas party. The patron was cut with a broken glass and sustained severe injury.

4. The licensee’s staff cleaned up the scene of the incident prior to police arrival, thus interfering with the police investigation. The licensee acknowledges that the licensee’s manager has been charged with obstruction under the Criminal Code for statements made to the police.

3. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the LLA and subsections 45(1), 45.1, and 50(c), of the O. Reg. The Board accepted the withdrawal of the remaining allegations including the allegation of a breach of condition.

Order

4. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1701085 Ontario Inc., operating as Finnegan’s Wake Irish Pub & Restaurant, 379 Speers Road, Oakville, Ontario, L6K 3T2, be SUSPENDED for TWENTY-EIGHT (28) consecutive days to COMMENCE at 11:00 a.m. on December 28, 2007, and CONTINUE until 2:00 a.m. on January 25, 2008, which period is inclusive of the interim suspension.

5. Further, on consent of the parties, the Board ORDERS the following conditions be added to the licence:

1. Sherron Kurukkal and Jordon Metzler shall not be involved in the operation and financing of the business, including either as an employee, manager, shareholder, officer or director, and shall not be permitted in the licensed premises.

2. The licensee shall employ only bonded and insured security staff.

3. The licensee shall employ as a manager only a person who has been previously approved by the Director, Licensing and Registration of the Alcohol and Gaming Commission of Ontario.

4. The licensee shall not permit any food vendors on the licensed premises or property under their control after 2 am.

6. And further, on consent of the parties, and notwithstanding paragraph 4, the suspension shall continue and the licensee shall not reopen until the following conditions have been met:

1. The licensee has hired a manager who has been approved by the Director, Licensing and Registration, of the Alcohol and Gaming Commission of Ontario.

2. The licensee has satisfied the Oakville Fire Department that fire exit signs are illuminated, fire exits are not blocked, and a Fire Safety Plan has been filed.

3. The licensee shall provide the Halton Region Police Service with a copy of the existing video of the incident.

Should these conditions not be met by January 25, 2008, the parties shall speak to the Board as soon as possible thereafter regarding the outstanding matters and continuation of the suspension period.

DATED AT TORONTO THIS 17th DAY OF January , 2008.

GUY MAURICE, BOARD MEMBER PATRICIA MCQUAID, VICE-CHAIR

GM/ee

Attached

IN THE MATTER OF THE LIQUOR LICENCE ACT

R.S.O. 1990, c.L.19, s. 15(1) AND 21(1)

AND IN THE MATTER OF THE LIQUOR LICENCE OF 1701085 ONTARIO INC. OPERATING AS FINNEGAN’S WAKE IRISH PUB & RESTAURANT, 379 SPEERS ROAD, OAKVILLE

LICENCE NO. 25565

AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED DEC. 28, 2007 AND AN INTERIM SUSPENSION ORDER ISSUED DEC. 28, 2007 AND A SUPPLEMENTARY NOTICE OF PROPOSAL ISSUED DEC. 31, 2007

AGREED STATEMENT OF FACTS

The licensee after consultation with counsel, and the Registrar agree to the following facts:

1. On August 11, 2007, fights involving intoxicated patrons and licensee’s staff occurred outside the licensed premises.

2. Based on paragraph 1, the licensee breached s. 4591) and s. 45.1 (permit drunkenness and disorderly conduct) of Ont. Reg. 719/90.

3. On August 31, 2007, fire exit signs were not illuminated and fire exits were blocked, notwithstanding prior warnings.

4. Based on paragraph 3, the licensee breached s. 50(c) of Ont. Reg. 719/90.

5. On Dec. 20, 2007, a drunken patron became involved in an altercation with an off duty staff member at the annual Staff and Regular Patrons Christmas party. The patron was cut with a broken glass and sustained severe injury.

6. Based on paragraph 5, the licensee breached s. 45 (1) of Ont. Reg. 719/90 by permitting drunkenness and disorderly conduct.

7. The licensee’s staff cleaned up the scene of the incident prior to police arrival, thus interfering with the police investigation. The licensee acknowledges that the licensee’s manager has been charged with obstruction under the Criminal Code for statements made to the police.

8. Based on paragraph 7, the licensee breached s. 45(1) of the Liquor Licence Act by destroying relevant information required for the police investigation.

9. The licensee has shown remorse and co-operated with the Commission.

10. The licensee has no prior record of discipline imposed by the Board.

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JOINT SUBMISSIONS ON DISPOSITION

The licensee, after consultation with counsel and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:

1. The Board shall suspend licence no. 25565 for a period of 28 days commencing at 11:00 a.m. on Dec. 28, 2007 and ending at 2:00 a.m. on Jan. 25, 2008 inclusive of the interim suspension.

2. The Board shall impose the following conditions on the licence:

1. Sherron Kurukkal and Jordon Metzler shall not be involved in the operation and financing of the business, including either as an employee, manager, shareholder, officer or director, and shall not be permitted in the licensed premises.

2. The licensee shall employ only bonded and insured security staff.

3. The licensee shall employ as a manager only a person who has been previously approved by the Director, Licensing and Registration of the Alcohol and Gaming Commission of Ontario.

4. The licensee shall not permit any food vendors on the licensed premises or property under their control after 2 am.

3. Notwithstanding paragraph 1 of the Joint Submission, the Board shall continue the interim suspension and final suspension of the licence and the licensee shall not reopen until the following conditions have been met:

4. The licensee has hired a manager who has been approved by the Director, Licensing and Registration, of the Alcohol and Gaming Commission of Ontario.

5. The licensee has satisfied the Oakville Fire Department that fire exit signs are illuminated, fire exits are not blocked, and a Fire Safety Plan has been filed.

6. The licensee shall provide the Halton Region Police Service with a copy of the existing video of the incident.

7. The Board having accepted the Agreed Statement of Fact and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.

DATED AT TORONTO THIS 11TH DAY OF JANUARY, 2008.

RESPECTFULLY SUBMITTED,

Muthuvelu Rajenthiran Phillip Morris

for Registrar’s Counsel

licensee