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-
Leroy Adolphus Ashley O/A Jamrock Bar and Grill Licensee
ORDER
Panel: Patricia McQuaid, Vice-Chair Alex McCauley, Board Member
Decision Date: July 18, 2008
Hearing Location: Hamilton, 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 Leroy Adolphus Ashley, Licensee: Mike Figol, Representative
Allegations
- A hearing into a Notice of Proposal (“NOP”) dated May 27, 2008 to revoke a liquor licence and an Order dated May 27, 2008 to immediately suspend a liquor license on an interim basis to license number 90129 operating as JAMROCK BAR AND GRILL, 1429 Main Street East, Hamilton, Ontario, L8K 1C2 on the basis of alleged violations of section 29 and subsections 31.1(1), 45(1) and 45(2) of Ontario Regulation 719/90 (“O.Reg”) made pursuant to Liquor Licence Act ("LLA"), continued on July 16, 2008 in the City of Hamilton.
Order
The Registrar had ordered on May 27, 2008 that an Interim Suspension be placed on the licence in the interest of public safety subject to an Order by the Board of the Alcohol and Gaming Commission of Ontario.
The hearing commenced on June 12, 2008 and by oral order on that date, confirmed in the written order dated June 18, 2008, the interim suspension was to remain in effect until the next hearing date.
The hearing re-convened on July 14, 2008, and by order dated July, 15, 2008, the Board ordered that the interim suspension was to remain in effect until July 16th at which time the matter would be reconsidered after submissions from the parties.
The Board, having considered the evidence heard to date and the submissions of the parties’ representatives on July 16, 2008, confirms its oral ORDER that the Interim Suspension Order dated May 27, 2008 placed on license number 90129 operating as JAMROCK BAR AND GRILL, 1429 Main Street East, Hamilton, Ontario, L8K 1C2, be RESCINDED as of 11:00 a.m. on July 17, 2008, on conditions as set out in paragraph 10 below. Reasons for the Order follow.
Reasons
The Board is concerned about the serious allegations contained in the Registrar’s Order of May 27, 2008, and the Notice of Proposal of the same date. The Board wants to assure the parties that by this decision it is not pre-judging the matters alleged in the NOP. The Board emphasizes that a final determination cannot and will not be made until all the evidence and submissions are heard by the Board.
The Board, at this time, must concern itself with the Interim Order and specifically at page 2, where it states:
“The Registrar has reason to believe based on the material reviewed that the licence holder has been involved in illegal activity in the licensed premises and/or areas under the exclusive control of the licence holder. The repeated nature and the seriousness of the activity lead the Registrar to conclude that the licence holder is ungovernable. It is not in the public interest to allow the continued sale and service of liquor by a sole licensee who has been engaged in illegal activity in his premises.”
The Board’s immediate concern is the public interest and whether or not the licence holder is ungovernable. The Board’s view is further impacted by the time it will take to reach a final decision in this matter. The licensed premises has already been closed for approximately 49 days. The prejudice to the licensee must be assessed against the public interest concern.
Based on the evidence heard, the Board is of the view that the lifting of the interim suspension, subject to conditions will not compromise the public interest.
The Board therefore ORDERS that the Interim Suspension Order is hereby RESCINDED effective at 11:00 a.m. on July 17, 2008 subject to the following conditions:
a) The Licence holder shall be on the premises at all times the licensed premises is open for business.
b) All staff working in the licensed premises shall have a current Smart Serve Certificate (or until final certificate is received, written confirmation of successful completion of the course).
c) There shall be one qualified security person on duty each day the premises is open for business except for Friday and Saturday evenings when there shall be five (5) qualified security persons on duty during the hours the licensed premises is open for business.
DATED AT TORONTO THIS 18th DAY OF JULY, 2008.
PATRICIA MCQUAID, VICE-CHAIR ALEX MCCAULEY, BOARD MEMBER
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