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-
2008221 Ontario Inc. O/A Pilot Tavern
Licensee
DECISION ON SANCTION
Panel: Guy Maurice, Board Member
Decision Date: January 10, 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
2008221 Ontario Inc., Licensee ) Neal Smitheman, Representative
[1]. A hearing into a Notice of Proposal number 14927 dated February 7, 2007 to suspend liquor license number 90114 issued to 2008221 Ontario Inc. operating as PILOT TAVEN, 22 Cumberland Street, Toronto, Ontario, M4W 1J5, on the basis of alleged violations of section 52 and subsection 45(1) of Ontario Regulation 719/90 ("O.Reg") made pursuant to the Liquor Licence Act ("LLA") was held on June 26 and July 23, 2007 in the City of Toronto.
[2]. In its decision dated November 1, 2007, the Board found the Licensee violated subsection 45(1) of the O.Reg. The Registrar withdrew the allegations based on section 52 of the O.Reg. Parties were directed to provide written submissions on an appropriate sanction. The Board has received and reviewed those submissions.
Submissions
[3]. Mr. Morris submitted that a 14 day suspension was appropriate in the circumstances and as a matter of specific and general deterrence. He noted that Mr. Stevenson, the patron, did appeared normal when he arrived. Four hours later he was so drunk Licensee's staff cut him off. The Licensee took no other actions to assist Mr. Stevenson with the result that he fell downstairs and required EMS attention to take him to a hospital.
[4]. Mr. Smitheman relies on the Board's findings in light of which there are no aggravating circumstances. A 14 day suspension, as proposed by the Registrar, is unwarranted, unnecessary, punitive and inconsistent with previous sanctions imposed by the Board. A 2 day suspension is more appropriate.
Decision
[5]. The Board was impressed with the Licensee's compliance record with the AGCO. In addition, the Board notes that the provincial offences charge laid in this matter was withdrawn at trial.
[6]. As a matter of general and specific deterrence, a suspension of the liquor licence must take place, but the length of suspension should take into account the past clean record of the Licensee.
[7]. While 14 days for a first offence of this nature given Pilot's long history without LLA problems is extreme, a 2 day suspension is not appropriate in circumstances where the patron was served to intoxication and then fell and required EMS attention.
Order
[8]. The Board ORDERS that liquor license number 90114 issued to 2008221 Ontario Inc. operating as PILOT TAVEN, 22 Cumberland Street, Toronto, Ontario, M4W 1J5, be suspended for a period of five (5) consecutive days.
[9]. 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 10th DAY OF JANUARY, 2008
GUY MAURICE, BOARD MEMBER
GM/sm