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-
1223291 Ontario Inc. O/A Bobby Dee’s Bar & Grill Licensee
DECISION ON SANCTION
Panel: S. Grace Kerr, Board Member Allan Higdon, Board Member
Decision Date: December 18, 2008 Hearing Location: Windsor, 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 1223291 Ontario Inc., Licensee ) Ronald Kirby, Representative
Allegations
1A hearing into a Notice of Proposal (“NOP”) number 16336 dated May 27, 2008 and an Amended NOP number 16662 dated September 29, 2008 to suspend liquor licence number 805726 (the “Licence”) issued to 1223291 Ontario Inc. (the “Licensee”) operating as BOBBY DEE’S BAR & GRILL, 435 St. Clair Street, Chatham, Ontario, N7L 3K4 (the “premises” or “establishment”) on the basis of alleged violations of section 39 and subsection 45(1) of Ontario Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”) and a breach of a condition on the Licence was held on October 1, 2008 in the City of Windsor.
2In its decision dated November 27, 2008 the Board found the Licensee violated subsection 45(1) of the O.Reg and dismissed the allegation of a violation of section 39 of the O.Reg, as well as a breach of a condition on the Licence. Parties were directed to provide written submissions on an appropriate sanction. The Board has received and reviewed those submissions.
Registrar’s Submissions
3Registrar's Counsel noted two violations of subsection 45(1). The first violation of illegal gambling received a warning, yet three months later a gaming pool involving higher wagers was found to be in operation on the premises.
4The Licensee had been advised specifically against this form of illegal gambling but continued the activity in spite of knowing it was against the law and could result in sanctions.
5The strong specific deterrent of a seven day suspension is required.
Licensee’s Submissions
6Licensee's Counsel stated the Licensee candidly admitted to the offence. The incident is the result of a lack of information and education, not any attempt to defy the law.
7Gaming is widely promoted. There is clearly a necessity for more proactive education.
8A minimal sanction would be appropriate.
Decision
9The Licensee was warned about pool wagering by an inspector and a betting board was taken down. Three months later an inspection revealed yet another betting pool in progress on the premises, this time with an even higher prize.
10Licensee's Counsel maintains the offence is a result of a lack of education. However, the inspector testified he spoke at length to the Licensee when he gave him a warning about the first violation. The Licensee should have known his action was not legal. At the very least, he should have made further inquiries and informed himself of his legal obligations before setting up a second betting board.
11It is the responsibility of the Licensee to know the law and abide by it. The responsibility for education lies with the Licensee, not an inspector or any regulatory body. The Licensee chose to ignore the law in a bid to attract more customers to his establishment.
12Notwithstanding that the Licensee had received a warning with regard to a previous similar incident, the Board recognizes that on this occasion the prize board was for a small group of customers and had no direct pay-out for the Licensee.
13Although the Registrar seeks a seven day suspension, the Board considers a four (4) day suspension appropriate, given the particular circumstances of this breach.
Order
14The Board orders that liquor licence number 805726 issued to 1223291 Ontario Inc. operating as BOBBY DEE’S BAR & GRILL, 435 St. Clair Street, Chatham, Ontario, N7L 3K4, be suspended for a period of FOUR (4) consecutive days.
15The 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 18^th^ DAY OF DECEMBER, 2008.
S. GRACE KERR, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER