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-
6536476 Canada Inc. O/A Heaven Nightclub
Licensee
DECISION on findings
Panel: Beryl Ford, Board Member
Eleanor Meslin, Board Member
Decision Date: November 13, 2008
Hearing Location: Ottawa, 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 ) Joyce Taylor, Representative
6536476 Canada Inc., Licensee ) Jerry Levitan, Representative
Authorities
1157056 Ontario Ltd. (c.o.b. Ein-Stein Café & Pub) (Re)[2007] O.A.G.C.D. No. 470
Regina v. Royal Canadian Legion[1971] O.J. No. 1673
Exhibits
1. Mission Statement
2. E-mail copy from Mr. Villeneuve to staff dated September 12, 2007
3. Witness statement of Mr. Villeneuve
4. E-mail between Richard Kulis and Jerry Levitan
5. Ein Stein decision
Allegations
- A hearing into Notice of Proposal number 16008 dated February 19, 2008, to suspend liquor licence number 804886 issued to 6536476 Canada Inc., (the “Licensee”), operating as HEAVEN NIGHTCLUB, 160 Rideau Street, Ottawa, Ontario, K1N 5X6, (the “establishment” or the “premises”), on the basis of an alleged violation of subsection 45(1) of Ontario Regulation 719/90 (OR 719/90) made pursuant to the Liquor Licence Act, was held on June 3, 2008 and August 1, 2008, in the City of Ottawa.
Decision
- The Board FINDS the Licensee violated subsection 45(1) of Ontario Regulation 719/90 in that the Licensee permitted drunkenness on the licensed premises. Reasons to follow.
Preliminary Matters
- The Board ordered the exclusion of witnesses, on the agreement of the parties.
Registrar’s Evidence
JACKY LORD, a constable with Ottawa Police Services attended the premises on September 21, 2007, with Constable McDougal, both in uniform, and with Alcohol and Gaming Commission of Ontario (“AGCO”) Inspector Mark Lambert at 1:30 a.m.
It was “Zero Tolerance Week” and he asked Inspector Lambert to do an alcohol check with him. On entering, he found the bar very busy. There was a dance floor and service bar on the first floor and stairs to the second floor, at the back of the first floor.
He was following Inspector Lambert when he noticed a male elbowing the inspector, in what seemed to him to be in a deliberate manner. He arrested the male for assault and took him outside.
The male appeared not to understand what was happening, because he was intoxicated. He had a strong smell of alcohol, his face was flushed, he was unsteady on his feet and had to be guided outside by the officer, holding his arm.
Once outside, the male was identified as J.B.G. He then became argumentative, pulled away from the officer, raising his arm as if to strike. He was taken to the ground, handcuffed and charged with intoxication in a public place and being a danger to himself and others. At 1:55 a.m. he was put into a marked police van and taken to the police station.
Constable Lord then took Inspector Lambert’s statement. Inspector Lambert said that before the male elbowed him he said, after pointing to the inspector’s shirt and badge, “fucking liquor inspector” and then elbowed him.
In response to Mr. Levitan’s questions, Constable Lord agreed that it was a well-run bar and had no previous problems. On arrival he and Inspector Lambert were met at the door by staff who accompanied them inside. He indicated that it was a busy night and he did not hear the conversation between the inspector and Mr. G. Constable Lord did not recall if any of Mr. G’s friends went outside with him. He was behind and to the side of the inspector when Inspector Lambert was struck. Constable Lord then put his hands on Mr. G’s shoulders and neck, then with one hand on his arm and the other on his shoulder, took him outside. He had no difficulty getting the male’s I.D. and answers to his questions although they were slurred. When Mr. G. pulled away and raised his fist, Constable Lord grounded and handcuffed him. He did not ask staff or Mr. G. how many drinks he’d had, or if he had a medical condition.
Mr. Levitan raised an objection to the next witness, Constable McDougal. Contrary to a pre-hearing order for witness disclosure, he received a four line statement immediately prior to the hearing. The Board ORDERED that the witness, Constable McDougal, would not be heard.
MARK LAMBERT is