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-
2027980 Ontario Limited O/A Jack’s Licensee
DECISION ON Suspension dates
Panel: David C. Gavsie, Chair, AGCO Beryl Ford, Board Member
Decision Date: June 18, 2008 Hearing Location: London, 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 ) Brad Alton, Representative 2027980 Ontario Limited, Licensee ) Michael Lerner, Representative
Decision on Suspension Dates
In its decision dated May 21, 2008, the Board ordered that the liquor licence of 2027980 Ontario Limited operating as JACK’S, 539 Richmond Street, London, Ontario, N6A 3E9, be suspended for a total of TEN (10) consecutive days.
The Licensee was asked to submit dates, such dates not to start earlier than twenty (20) days from May 21, 2008, and to be completed within ninety (90) days of May 21, 2008.
Mr. Lerner for the Licensee submitted proposed suspension dates of August 1, 2008, commencing at 11:00 a.m., and finishing on August 11, 2008, at 2:00 a.m.
Mr. Alton for the Registrar objected to those dates for two reasons. First, the proposed dates included the August Civic holiday weekend, the Monday being a holiday for most people. Second, as the infractions took place during the school year and as a substantial portion of the Licensee’s business is derived from students, the suspension should take place during the school year.
The dates submitted by Mr. Lerner are within the Board policy for timing of suspensions. This policy is set out in the last paragraph of its decision of May 21, 2008.
From time to time, exceptions are made to the Board policy for setting suspension dates, such as the dates that the licence is suspended fall outside of the range set out in the Board policy. In those cases, however, it is usually on consent by all parties. In this instance, there is no agreement between the parties with regard to the timing of the suspension dates.
In this case to require the Licensee to wait until September or October to serve the TEN (10) day suspension would cause unnecessary delay and not be fair to it.
A suspension of a liquor licence creates significant financial implications to a licensee and its employees. The suspension should be served sooner rather than later so that a licensee, its employees and all others affected can subsequently resume normalcy.
The fact that a holiday is included in the suspension dates is not unusual. It is difficult to say whether a holiday may bring more or less business for a licensed establishment.
Accordingly, the Board ORDERS that the liquor licence of 2027980 Ontario Limited operating as JACK’S, 539 Richmond Street, London, Ontario, N6A 3E9, liquor licence number 807140, shall be suspended for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on August 1, 2008 and continue until 2:00 a.m. on August 11, 2008.
DATED AT TORONTO THIS 18th DAY OF June, 2008
DAVID C. GAVSIE, CHAIR, AGCO BERYL FORD, BOARD MEMBER
DCG/ee