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-
1590677 Ontario Inc. o/a Island Jerk Restaurant
Licensee
ORDER
Panel: David C. Gavsie, Chair, AGCO S. Grace Kerr, Board Member
Decision Date: October 10, 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 ) Richard Kulis, Representative 1590677 Ontario Inc., Licensee ) Gary Barnes, Representative
Allegations
- A hearing into a Notice of Proposal number 16488 dated July 21, 2008 (the NOP), and Supplementary Notice of Proposal number 16535 dated July 30, 2008 (the SNOP), to revoke a liquor licence, and an Order dated July 21, 2008, to immediately suspend a liquor licence on an interim basis to liquor licence number 806671 (the “Licence”), issued to 1590677 Ontario Inc., (the “Licensee”), operating as ISLAND JERK RESTAURANT, 1800 Bank Street, Unit 18, Ottawa, Ontario, K1V 0W3 (the “establishment” or the “premises”), on the basis of alleged violations of section 6 and subsections 45(1), and 45(2) of the Liquor Licence Act (LLA) and section 29 and subsections 15(1), 34(1), 45(1), and 45.1 of Ontario Regulation 719/90 (O. Reg), commenced on August 7, 2008 and continued on August 8 and 22, September 25, and October 3 and 6, 2008, in the City of Ottawa.
Prior Orders and Motion
On July 21, 2008, the Registrar ordered the interim suspension of the Licensee’s licence in the interest of public safety and subject to an Order by the Board of the Alcohol and Gaming Commission of Ontario (the Interim Suspension).
By its oral order of August 8, 2008, confirmed in its written order of August 12, 2008, the Board ordered that the Interim Suspension remain in effect until the earlier of the time when the Board rendered its final decision of the matters before it or ordered otherwise.
On October 3, 2008, the Licensee brought a motion asking the Board to lift the Interim Suspension. After hearing submissions from counsel for both parties, the Board reserved its decision until it had heard some evidence from the Licensee on the hearing, which was presented on October 6, 2008.
Order
- Having considered the evidence heard to date and the submissions of the parties’ representatives, the Board confirms its oral ORDER, made October 6, 2008, that the Interim Suspension dated July 21, 2008 placed on license number 806671 operating as ISLAND JERK RESTAURANT, 1800 Bank Street, Unit 18, Ottawa, Ontario, K1V 0W3, be RESCINDED, effective immediately, on conditions as set out in paragraph 12 below. Reasons for the Order follow.
Reasons
- The basis for the Interim Suspension is stated by the Registrar as follows:
“The Registrar has reason to believe based on the material reviewed that the licence holder has not only failed to co-operate with an inspection but that the licence holder allowed a dangerous situation to develop by allowing her son to be confrontational with police resulting in the assault, interfering with the arrest of her son and also by not controlling the patrons immediately outside her licensed premises. No plan for such control has been presented to the Registrar. The situation remains volatile creating a danger to the general public as well as to police and liquor licence staff involved in future inspections. It is not in the public interest to allow this situation to continue.” (emphasis added)
Subsection 15(6) of the LLA permits the interim revocation or suspension of a licence where the Registrar considers it necessary in the “public interest”.
The Board has considered whether a continuation of the interim suspension is in the “public interest”, bearing in mind that the public interest concern must be assessed against the prejudice to the Licensee.
As of October 6, 2008, the license had been suspended for 77 days.
Based on the evidence heard to date, the Board concludes that the “public interest” concerns identified in the Interim Suspension order will be met upon now lifting that order by imposing three conditions to the Licence, as set out below.
By this decision, the Board is not pre-judging the matters alleged in the NOP and SNOP. A final decision will be made once all of the evidence and submissions are heard by the Board. Without limiting the foregoing, the Board may confirm or alter the conditions in its final decision on the matter. These conditions will, however, remain in effect until the Board renders its final decision on the NOP and SNOP in this matter.
Conclusion
- The Board therefore ORDERS that the Interim Suspension Order is hereby RESCINDED, effective immediately, and that the following conditions will be placed on the Licence, which will remain in effect until the Board renders its final decision in this matter:
a. The establishment will be closed by no later than 3:00 a.m. on Saturday and Sunday and by no later than 12:00 a.m. (midnight) on the other days of the week;
b. The establishment will ensure that its video-monitoring equipment is kept in good working condition, that its video-recording tapes are kept for a minimum of 14 days, and that these tapes will be made available for inspection on demand by either the Ottawa Police Service or the Alcohol and Gaming Commission of Ontario; and,
c. Mr. Dainaell Lodge is to be allowed on the premises only from 9:00 a.m. until 9:00 p.m. daily.
DATED AT TORONTO THIS 10th DAY OF October , 2008.
DAVID C. GAVSIE, CHAIR S. GRACE KERR, BOARD MEMBER
SGK/ee