ALCOHOL AND GAMING COMMISSION OF ONTARIO
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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-
6681824 Canada Limited O/A Philthy McNasty’s
Licensee
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DECISION
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Panel: Joan Lougheed, Board Member
Decision Date: November 13, 2008
Hearing Location: Ottawa, Ontario
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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 ) Joyce Taylor, Representative
6681824 Canada Limited, Licensee ) Jerry Levitan, Representative
[1]. A hearing into Notice of Proposal (“NOP”) number 16193 dated June 5, 2008 and an Amended NOP number 16461 dated July 23, 2008 to suspend liquor licence number 812544 (the “Licence”) issued to 6681824 Canada Limited (the “Licensee”) operating as PHILTHY MCNASTY’S, 570 Kanata Avenue, Unit #R 6, Kanata, Ontario, K2T 1K5 (the “Premises”), on the basis of alleged violations of subsections 45(1) and 45(2) of the Liquor Licence Act (“LLA”) and section 43 and subsections 45(1), 45.1, 34(1) and 45.2 of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on October 28, 2008 in the City of Ottawa.
[2]. Joyce Taylor, Registrar’s Representative, and Jerry Levitan, Licensee’s Representative, 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 October 7, 2007 a liquor inspector visited the licensed premises and observed four drunken patrons. On October 13, 2007 a liquor inspector and a police officer visited the licensed premises and found a drunken patron. On October 19, 2007, a liquor inspector and police officer visited the establishment and found a drunken patron who was allowed to remain in the establishment. On November 10, 2007 a liquor inspector visited the establishment and found three drunken patrons. On November 16, 2007 the licensee did not take reasonable measures to deter disorderly conduct on property adjacent to the establishment. On January 13, 2008 the licensee’s staff did not take reasonable measures to control disorderly patrons outside the establishment and one staff member attempted to interfere with police officers as they were arresting his brother, who was drunk and had been a patron of the establishment.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 45(1) and 45.1 of the O.Reg. The Board accepted the withdrawal of the remaining allegations.
Order
[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 6681824 Canada Limited operating as PHILTHY MCNASTY’S, 570 Kanata Avenue, Unit #R 6, Kanata, Ontario, K2T 1K5, licence number 812544, be SUSPENDED for THIRTY-THREE (33) consecutive days to COMMENCE at 11:00 a.m. on January 7, 2009, and CONTINUE until 2:00 a.m. on February 9, 2009.
[5]. Further, the Board ORDERS, on consent, that the following conditions be attached to the licence:
a) The Licensee shall have at least one video surveillance camera located inside the establishment for each entrance and exit used by patrons which shall clearly show all patrons entering and exiting the establishment. The Licensee shall also have at least one video surveillance camera which shall clearly show all patrons on the outdoor licensed area of the establishment. Each camera shall record at all times when any patron is at the establishment.
b) All recordings from every video surveillance camera shall be retained for at least thirty (30) days. The Licensee shall permit all AGCO inspectors and police officers to view any such recording immediately upon request. Upon request from any liquor inspector or police officer, the Licensee shall provide a reviewable copy of any video surveillance recording as soon as possible, and no later than five (5) days after the person in charge of the establishment has been requested to provide the copy.
c) The Licensee shall post a prominent notice at each entrance and exit used by patrons, advising patrons that they are subject to video surveillance at the establishment.
d) The Licensee shall have at least two security staff members posted outside the establishment on Friday and Saturday nights from 10:00 p.m. until the last patron has left the establishment after the establishment has closed for the night.
DATED AT TORONTO THIS 13th DAY OF NOVEMBER, 2008.
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JOAN LOUGHEED, BOARD MEMBER
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, c.L.19, s. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE
6681824 CANADA INC.
OPERATING AS PHILTHY MCNASTY’S
570 KANATA AVENUE, UNIT #R6, OTTAWA
LICENCE NUMBER 812544
NOTICE OF PROPOSAL NO. 16461
AGREED STATEMENT OF FACTS
The Licensee who has been advised by counsel and Registrar’s counsel agree to the following facts in relation to the Amended Notice of Proposal to Suspend a Licence dated July 23, 2008
On October 7, 2007 a liquor inspector visited the licensed premises and observed four drunken patrons. On October 13, 2007 a liquor inspector and a police officer visited the licensed premises and found a drunken patron. On October 19, 2007, a liquor inspector and police officer visited the establishment and found a drunken patron who was allowed to remain in the establishment. On November 10, 2007 a liquor inspector visited the establishment and found three drunken patrons. On November 16, 2007 the licensee did not take reasonable measures to deter disorderly conduct on property adjacent to the establishment. On January 13, 2008 the licensee’s staff did not take reasonable measures to control disorderly patrons outside the establishment and one staff member attempted to interfere with police officers as they were arresting his brother, who was drunk and had been a patron of the establishment.
Based on the above-mentioned facts the licence holder admits to having breached, on four occasions involving ten patrons, section 45(1), and on three occasions, section 45.1 of Revised Regulation 719/90 pursuant to the Liquor Licence Act.
The Licensee has assured the Registrar that he has taken steps to ensure that these infractions will not take place in the future.
JOINT SUBMISSION ON DISPOSITION
Whereas this licensee has no adverse record before the Board:
The Licensee through its representative and Registrar’s counsel jointly submit that the following disposition is appropriate in the circumstances:
There shall be a thirty-three (33) day suspension of liquor licence 812544 commencing at 11:00 a.m. on January 7, 2009 and continuing until 2:00 a.m. on February 9, 2009.
The following conditions shall be attached to liquor licence 812544:
a) The Licensee shall have at least one video surveillance camera located inside the establishment for each entrance and exit used by patrons which shall clearly show all patrons entering and exiting the establishment. The Licensee shall also have at least one video surveillance camera which shall clearly show all patrons on the outdoor licensed area of the establishment. Each camera shall record at all times when any person is inside the establishment.
b) All recordings from every video surveillance camera shall be retained for at least thirty (30) days. The Licensee shall permit all liquor inspectors and police officers to view any such recording immediately upon request. Upon request from any liquor inspector or police officer, the Licensee shall provide a reviewable copy of any video surveillance recording as soon as possible, and no later than five (5) days after the person in charge of the establishment has been requested to provide the copy.
c) The Licensee shall post a prominent notice at each entrance and exit used by patrons, advising patrons that they are subject to video surveillance inside the establishment.
d) The Licensee shall have at least two security staff members posted outside the establishment on Friday and Saturday nights from 10:00 p.m. until the last patron has left the establishment after the establishment has closed for the night.
Respectfully submitted this 27th day of October, 2008.
6681824 CANADA INC.
per_____________________________ ______________________________ Brannon Lalonde Joyce A. Taylor “I have authority to bind the Corporation” Counsel for the Registrar
_______________________________ Jerry Levitan Counsel for the Licensee