Alcohol and Gaming Commission of Ontario
IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
BETWEEN:
Registrar, Alcohol and Gaming Commission of Ontario Registrar
-and-
1223291 Ontario Inc. O/A Bobby Dee’s Bar & Grill Licensee
DECISION ON FINDINGS
Panel: S. Grace Kerr, Board Member Allan Higdon, Board Member
Decision Date: November 27, 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
- A 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.
Decision
- After considering all the evidence and submissions the Board FINDS the Licensee violated subsection 45(1) of the O. Reg. The Board DISMISSES the alleged violation of section 39 of the O. Reg by the Licensee. Reasons follow.
Preliminary Matters
- Ronald Kirby, the Licensee’s Representative, noted the original Notice of Proposal dated May 27, 2008 had been superseded by an Amended NOP dated September 29, 2008.
Registrar’s Evidence
Kevin Holman has been an Inspector for the Alcohol and Gaming Commission of Ontario (“AGCO”) since January 2006. Prior to this he was a member of the Windsor police for 34.5 years.
Inspector Holman stated he attended the Premises on two occasions – October 10, 2007 and January 24, 2008.
On October 10, Inspector Holman arrived at the establishment at 9:00 pm. He noted a poster for a NASCAR pool on the wall with an entry fee of $5 posted.
Inspector Holman located the Licensee in the kitchen and told him a pool involving money was illegal. He ordered the Licensee to remove the poster and cease operating the lottery.
The Licensee agreed, took down the poster, and refunded the money paid by those who had participated.
Inspector Holman stated he handed the Licensee a copy of Section 202 of the Criminal Code of Canada (“CCC”) that does not permit placement of bets or selling of a betting pool.
On January 24, 2008 Inspector Holman conducted a standard inspection of the establishment.
The witness identified himself and spoke to the manager in charge, C.C.
Inspector Holman saw on the wall to the left of the kitchen door a Super Bowl Pool advertising an entry fee of $20, with the prize to be $2,000.
Inspector Holman told the manager the poster was illegal and should be taken down. She complied and removed the poster.
Inspector Holman told the manager to inform the Licensee of his visit and to have the Licensee contact him.
Inspector Holman asked the manager for her Smart Serve certification. She said she was not certified by any bar training program although she had been working on the Premises for 1.5 years.
Inspector Holman stated that subsequent to his visit he talked to the Licensee and said he would be making a report to the AGCO.
On cross-examination Inspector Holman acknowledged the pool boards were removed when requested.
Regarding the Super Bowl Pool of January 24