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-
1577107 Ontario Inc. O/A The Place Bar & Grill Licensee
DECISION
Panel: Jacqueline Castel, Board Member Beryl Ford, Board Member
Decision Date: December 18, 2008 Hearing Location: Toronto, 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: Daniel Alakas, Representative 1577107 Ontario Inc., Licensee: Christopher Stevens, Representative
AUTHORITIES:
1197801 Ontario Inc. (c.o.b. Body English) (Re) [2008], O.A.G.C.D. No. 252 Commercial Tavern, [2006] O.A.G.C.D. No. 580 Old Brock House (May 29, 2002), unreported decision of the AGCO
Allegations
1A hearing into Notice of Proposal (“NOP”) number 16568, dated August 18, 2008, to suspend liquor licence number 90915 (the “Licence”), issued to 1577107 Ontario Inc. (the “Licensee”) operating as THE PLACE BAR & GRILL (the “establishment” or the “premises”), 8 Rambler Drive Village Square Shopping Centre, Unit 11, Brampton, L6W 1E2, on the basis of alleged violations of subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg.”), prescribed under the Liquor Licence Act (the “LLA”) was held on December 8, 2008 in the City of Toronto.
Decision
2The Board found the Licensee contravened subsection 45(1) of the O.Reg. Reasons follow.
Preliminary Matters
3The Board ORDERED that witnesses be excluded on consent.
Registrar’s Evidence
4Trevor Joseph, an Alcohol and Gaming Commission of Ontario (“AGCO”) inspector for fifteen years, attended the establishment with AGCO Inspector Hesch on May 10, 2008 at approximately 12:55 a.m. They entered through the east side patio entrance and did a walk through.
5Inspector Joseph observed a female patron exhibiting signs of intoxication. He approached her and noticed her speech was slurred, she was staggering, and her eyes were bloodshot and glossy. He could detect the odour of alcohol on her breath. Inspector Joseph identified himself to her and asked to see her identification. She was belligerent and extended her middle finger to Inspector Joseph. Initially she resisted providing identification but ultimately, with the assistance of a companion, she gave Inspector Joseph her Ontario Health Card, which showed that her name was MW.
6In response to his questions, MW told Inspector Joseph she arrived at the establishment at 11:00 p.m. and had consumed seven beers and two shots. In Inspector Joseph’s opinion, MW was definitely intoxicated.
7Mr. Gilbert Ferreira (“G. Ferreira”), the manager of the establishment, was standing in close proximity while Inspector Joseph was questioning MW. When he was through questioning her, G. Ferreira asked her to leave the premises. G. Ferreira also told a male patron, who had grabbed Inspector Joseph’s left hand while he was speaking to MW, to leave the premises.
8Inspector Joseph advised that he and Inspector Hesch observed another patron, a male, who was intoxicated. Inspector Hesch dealt with this patron while Inspector Joseph was speaking to MW.
9Inspector Joseph advised G. Ferreira of the infractions and that a report would be submitted to a supervisor for disposition. They departed at 1:45 a.m.
10On cross-examination, Inspector Joseph admitted that he did not observe MW consuming beverage alcohol. He also admitted that he did not confirm with staff that MW was telling the truth regarding the quantity of beverage alcohol she consumed.
11On cross-examination, Inspector Joseph also acknowledged that he has known G. Ferreira for fourteen or fifteen years and that he has always been cooperative.
12John Hesch, an AGCO inspector since March 2008, attended the establishment with Inspector Joseph on May 10, 2008 at 12:55 a.m. They entered via the patio doors and observed two patrons, a male and female, exhibiting signs of intoxication. Inspector Joseph dealt with the female (MW) while he dealt with the male.
13The male patron was seated at the east side of the patio with his back against the wooden fence. He was wearing a white ball cap, beige pants, a blue and white shirt. He was tall and slender. He was not slumped down on the seat and appeared to be passed out from a distance of fifteen or twenty feet away. Inspector Hesch approached the male and observed his eyes were watery, and the female seated with him was trying to prop him up. The male was also making involuntary