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-
1480136 Ontario Ltd. O/A Mana Bar & Lounge Licensee
DECISION
Panel: Kirsti Hunt, Vice-Chair Allan Higdon, Board Member
Decision Date: January 30, 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 ) Richard Kulis, Representative 1480136 Ontario Ltd., Licensee ) Randall Barrs, Representative
Allegations
1The Board of the Alcohol and Gaming Commission of Ontario held a hearing on January 22, 2008 pursuant to a Notice of Proposal number 15587 dated August 15, 2007 to suspend liquor licence number 809438 issued to 1480136 Ontario Ltd. operating as MANA BAR & LOUNGE at 722 College Street, Basement, Toronto, Ontario M6G 1C4, on the basis of alleged violation of subsection 45(1) and section 29 of Ontario Regulation 719/90 ("O.Reg") made pursuant to the Liquor Licence Act ("LLA").
2The Board heard evidence for the Registrar from Cst. Derek Leary regarding the allegation of permit drunkenness on May 26, 2007 and from Cst. Oswald Veit regarding the allegation of failing to clear signs of service and consumption on April 8, 2007.
Motion
3Based on the evidence heard, the Registrar's Representative asked the Board to dismiss the allegation regarding April 8, 2008 based on a lack of clear evidence. He asked the Board to proceed with the May 26, 2007 allegation based on the evidence heard so far.
4The Licensee's representative submitted that the evidence of the one witness for the Registrar regarding the permit drunkenness allegation is so thin and tenuous that it cannot be relied upon and does not merit the Board's time to continue with the hearing to hear lengthy reply and view the video that the Licensee has for the evening in question.
5Registrar's representative replied that a finding of drunkenness can be made for the patrons who confronted the officer in the premises based on his description of them and for the assailant who was staggering and with whom the officer had close contact when he escorted him out of the premises.
Decision
6The Board considered the submissions made and accepted the withdrawal of the allegation under section 29 of the O.Reg for April 8, 2007.
7Based on the evidence of Cst. Leary, the Board found that there was sufficient evidence to proceed with the hearing regarding the allegation for May 26, 2007.
8Having made the finding above, the Board suggested that parties take a few moments to discuss the remaining matter in order to see if a resolution was possible.
Submissions
9After a discussion of the matter by parties, Registrar's representative submitted that it is agreed that on May 26, 2007 there was a fight outside the premises. The Licensee did call the police to deal with the issue. Police officers attended and did see the fight. One person who was involved went back to the licensed premises looking for shelter in Mana Bar. Base on a quick decision, staff decided to let him in as a matter of safety. Shortly thereafter, he was followed into the premises by police who took him outside. There is no evidence of that person being in the premises prior to this incident.
10In hindsight, staff could have protected him outside and not let him into the premises. However, things were moving rapidly and a split second decision was made.
11Registrar's representative asked for no finding of a breach of subsection 45(1) of the O.Reg. He asked that the Licensee be reminded of his responsibility regarding drunken patrons in the premises and in particular about allowing police officers and liquor inspectors to do their job without any interference or abuse from patrons.
12Since this incident, the Licensee has upgraded his security company and assures that security will do everything possible to allow police and inspectors to do an investigation without interference from patrons.
13Registrar's representative asked the Board to dismiss the matter for insufficient evidence and to issue a warning to the Licensee that he allow no drunkenness in the licensed premises and that inspectors and police be allowed to conduct their investigations without interference by patrons.
14The Licensee's representative agreed with the submissions made by Registrar's representative.
Order
15After due consideration, the Board accepted that submissions made by parties.
16Therefore, Board hereby CONFIRMS its oral decision to ACCEPT the WITHDRAWAL of the allegation under section 29 of the O.Reg and to DISMISS the allegation under subsection 45(1) of the O.Reg.
17Furthermore, the Board also CONFIRMS its oral decision to issue a WARNING to the Licensee that:
the Licensee permit no drunkenness in the licensed premise; and
the Licensee not permit any interference, physical or verbal, by patrons of police officers or liquor inspectors as they conduct investigations.
DATED AT TORONTO THIS DAY OF , 2008
KIRSTI HUNT, VICE CHAIR ALLAN HIGDON, BOARD MEMBER
KH/sm