Registrar, Alcohol and Gaming Commission of Ontario v. Giving B.A.A.C.K., 2008 CanLII 91804

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-

Giving B.A.A.C.K.

Applicant

DECISION

Panel: David C. Gavsie, Chair, AGCO Joan Lougheed, Board Member Brian J. Ford, Board Member

Decision Date: June 26, 2008

Hearing Location: Peterborough, 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 Giving B.A.A.C.K., Applicant ) Darrell Carleton

1. The Board of the Alcohol and Gaming Commission of Ontario (“AGCO”) held a hearing on May 14, 2008, in the matter of an application (the “2008 Application”) for a special occasion permit (“SOP”) and removal of conditions on the Applicant by GIVING B.A.A.C.K. (Bancroft and Area Athletic Charity for Kids) (the “Applicant”), 42 Glanville Road, R.R. #4, Bancroft, Ontario, K0L 1C0, organization number 53207.

2. The 2008 Application was refused by Registrar’s letter dated March 20, 2008. The conditions referred by the Applicant were ordered by the Board in respect of a prior SOP application. See: Giving B.A.A.C.K., 2007 CanLII 15757 (ON. A.G.C.) (the “2007 decision”).

Decision

3. The 2008 Application is APPROVED. Our reasons follow:

Preliminary Matters

4. Darrell Carleton is the Chair of the Applicant. He appeared on behalf of the organization and waived the right to legal representation.

5. This is a repetition of the situation discussed in the 2007 decision, when the Board expressed considerable concern that the Applicant had not received proper notice of the case that a formal Notice of Proposal (“NOP”) had not been issued.

6. The fact this situation has occurred, again, is of concern to the Board. However, the parties explained an NOP had been issued, but timing of events caused the parties to proceed in this manner. On this understanding, the Board accepts that the Applicant has received effective notice of the allegations.

Reasons and Analysis

7. The Board notes that no NOP setting out the Registrar’s allegations is before it.

8. It is, however, evident that all parties understand and agree on the nature of the dispute and concerns arising from the 2006 event that required significant police resources. The Applicant is requesting the removal of conditions given that police resources for paid duty officers were not made available for 2007 and as a result, the event did not occur.

9. With respect to the request to remove conditions, the Board notes the conditions imposed on the 2007 SOP, while arguably relevant to the issues in dispute on subsequent applications, apply only to the SOP to which they were attached. Each new application for an SOP is considered on its own merits. In the circumstances of the 2008 Application, the Board accepts the modifications to the security conditions proposed by the parties as a reasonable response to the police’s position on paid duty officers.

10. The Applicant is encouraged, in future, to begin the application process earlier and at least six months prior to the next event. Should it be required, the Registrar will then be in a position to comply with the NOP process should it decide to refuse the SOP.

11. Mr. Morris and Mr. Carleton submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision. It was agreed and admitted that:

On May 12, 2006, as a result of a video event held by the Applicant, police officers were involved in a large fight with drunken patrons including minors at the special occasion event. There was over-service of patrons and inadequate security. Minors were consuming liquor despite the carding system employed by the servers.

12. Based on the Agreed Statement of Facts, the Board finds the Applicant breached section 29 and subsection 30(4) of the Liquor Licence Act (“LLA”) and subsection 45(1) of Ontario Revised Regulation 719/90 pursuant to the LLA.

13. The parties also agreed to request the Board to allow the application with conditions providing for security, hours of service and capacity, and admission of minors.

Order

14. The Board therefore ORDERS the application for a Special Occasion Permit is APPROVED and shall issue to GIVING B.A.A.C.K., 42 Glanville Road, R.R. #4, Bancroft, Ontario, K0L 1C0, organization number 53207, with the following CONDITIONS :

15. The Applicant shall not sell liquor prior to 9:00 p.m. on the day of the event.

16. The Applicant shall not permit persons under the age of 19 years to remain in the licensed or unlicensed areas of the arena building after 9:00 p.m.

17. The Applicant shall maintain at least one security person monitoring each of the access doors to the building, including fire doors, from 9:00 p.m. until 45 minutes after the expiry of the permit.

18. The maximum capacity in the building is 450 persons after 9:00 p.m.

19. The Applicant shall provide two paid duty officers for 300 or less persons, and two additional paid duty officers for persons in excess of 300, after 9:00 p.m.

20. The Applicant shall maintain at least two security persons in the parking lot monitoring the lot from 9:00 p.m. until one hour after expiry of the permit.

21. At least two days before the start of the event the organizers of the event must meet with police and any other security personnel to plan the security aspect of the event. Event organizers are to be identified to the police and security personnel and the event organizers shall be on site during the event at all times.

22. Police and security personnel shall have the authority to prohibit people from attending the event should the police and/or security personnel reasonably believe that the attendance of these people may disturb the event.

23. At least one person who has successfully completed a server training course (the “Smart Serve” course) approved by the Board of the AGCO shall monitor the sale of “beer tickets”. No more than two beer tickets at one time may be sold to a patron.

24. At least one person who has successfully completed the Smart Serve course shall monitor the service of liquor. No more than two liquor drinks at one time may be served to a patron.

DATED AT TORONTO THIS 26th DAY OF JUNE, 2008.

JOAN LOUGHEED, BOARD MEMBER DAVID C. GAVSIE, CHAIR, AGCO

BRIAN J. FORD, BOARD MEMBER

JL/cp

Attached.

Giving B.A.A.C.K

Notice of Proposal to Refuse

Issuance of a Special Occasion

Permit dated March 20, 2008.

Agreed Statement of Facts

The Applicant, having been advised of the right to counsel and having waived that right, and the Registrar agree as follows:

1. On May 12, 2006, as a result of a video event held by the Applicant, police officers were involved in a large fight with drunken patrons including minors at the special occasion event. There was over-service of patrons and inadequate security. Minors were consuming liquor despite the carding system employed by the servers.
2. The Applicant breached s. 29 and s. 30(4) of the Liquor Licence Act and s.45(1) of Ont. Reg. 719/90.
3. The Applicant has shown remorse and cooperated with the Commission.
4. The Applicant has no prior record with the Commission.

Joint Submissions on Disposition

The Applicant, having been advised of the right to counsel and having waived that right, and the Registrar submit that the following disposition is appropriate as a matter of specific and general deterrence:

1. The Applicant shall not sell liquor prior to 9 p.m. on the day of the event.
2. The Applicant shall not permit persons under the age of 19 years to remain in the licensed or unlicensed areas of the arena building after 9 p.m.
3. The Applicant shall maintain at least 1 security person monitoring each of the access doors to the building, including fire doors, from 9 p.m. until 45 minutes after the expiry of the permit.
4. Maximum capacity in the building is 450 persons after 9 p.m.
5. The Applicant shall provide 2 paid duty officers for 300 or less persons, and 2 additional paid duty officers for persons in excess of 300, after 9 p.m.
6. The Applicant shall maintain at least 2 security persons in the parking lot monitoring the lot from 9 p.m. until 1 hour after expiry of the permit.
7. At least two days before the start of the event the organizers of the event must meet with police and any other security personnel to plan the security aspect of the event. Event organizers are to be identified to the police and security personnel and the event organizers shall be on site during the event at all times.
8. Police and security personnel shall have the authority to prohibit people from attending the event should the police and/or security personnel reasonably believe that the attendance of these people may disturb the event.
9. At least one person who has successfully completed the Smart Serve course shall monitor the sale of “beer tickets”. No more than two beer tickets at one time may be sold to a patron.
10. At least one person who has successfully completed the Smart Serve course shall monitor the service of liquor. No more than two liquor drinks at one time may be served to a patron.

Dated in Peterborough this 14th day of May, 2008.

Darrel Carleton Phillip Morris

For Applicant Registrar’s Counsel