Registrar, Alcohol and Gaming Commission of Ontario v. 1496860 Ontario Inc. O/A The Rooster, 2008 CanLII 91892

IN THE MATTER OF The : Liquor Licence Act, R.S.O. 1990, c. L.19, as amended

Registrar, Alcohol and Gaming Commission of Ontario Registrar

-and-

1496860 Ontario Inc. O/A The Rooster Licensee

Panel: Brian J. Ford, Board Member; Guy Maurice, Board Member Decision Date: October 23, 2008 Hearing Location: Peterborough, 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 ) Joyce Taylor, Representative 1496860 Ontario Inc., Licensee ) Ed Blaha, Representative

Allegations

1A hearing into a Notice of Proposal dated November 27, 2007, to suspend liquor licence number 92311 (the “Licence”) issued to 1496860 Ontario Inc., (the “Licensee”) operating as THE ROOSTER (“Rooster’s”), 172 Simcoe Street, Peterborough, Ontario, K9H 2H7, (the “Premises”), on the basis of alleged violations of subsection 34(1) of the Liquor Licence Act (LLA) and subsection 45(1) of Ontario Regulation 719/90 (O.Reg) made pursuant to the LLA, was held on March 19, 20 and 25, 2008, in the City of Peterborough.

2In its decision dated June 30, 2008 the Board found the Licensee violated subsection 45(1) of the O.Reg on December 16, 2006, and dismissed the allegation of violation of subsection 45(1) of the O.Reg on November 19, 2006. The parties were directed to provide written submissions on an appropriate sanction. The Board has received and reviewed those submissions.

Submissions

3Registrar’s Representative, Mr. Kulis noted that a member of the staff of Rooster’s talked to the patron while the patron was noticeably intoxicated. That staff member, and other staff members who walked by, he noted, failed to take any measures to ensure the drunken patron was safely looked after.

4Mr. Kulis is concerned that the licence holder has not imparted to the staff the need to properly look after patrons who, as a result of consuming liquor in their licensed premises, cannot take care of themselves. The safety of the patron as well as the general public, he suggested, was put at risk.

5Mr. Kulis stated the Registrar is seeking a specific deterrent to this licence holder in the form of a seven (7) day suspension of the liquor licence.

6Mr. Blaha stated that the owners have taken it upon themselves to re-educate their staff on liquor licence basics.

7Mr. Blaha noted the Police and AGCO Inspector were on the scene for over an hour and a half without any violations taking place. He further noted the officer’s observations took place after the bar had closed – there were over 250 people in the Premises at the time and they were starting to leave to go home.

8Mr. Blaha requested the Board to consider a three or four day suspension.

Decision on Sanction

9Mr. Kulis feels that a seven day suspension is in order. Mr. Blaha feels a three to four day suspension is in order due to the time that the infraction was observed and the owners have taken it upon themselves to re-educate their staff on liquor licence basics.

10The Board notes the time at which an infraction is observed is not relevant. The fact that an infraction has occurred is relevant and important. It is also noted that in this case the staff of the establishment had ample opportunity to deal with this intoxicated patron but did nothing.

11Further, the Board is not persuaded by Mr. Blaha’s submission that the owners have taken it upon themselves to re-educate their staff on liquor licence basics. There is an absence of details regarding what concrete steps have been taken, if any. The Board notes that knowledge of the liquor licence basics by the relevant staff is already a requirement under the legislation.

12Therefore, having considered the submissions on sanction and the need to send a strong message that drunkenness in a licensed premises is taken seriously by the Board, and a need for general and specific deterrence the Board concludes that a seven (7) day suspension is appropriate.

Order

13The Board ORDERS that liquor licence 92311 issued to 1496860 Ontario Inc., operating as THE ROOSTER, 172 Simcoe Street, Peterborough, Ontario, K9H 2H7, be suspended for a period of SEVEN (7) consecutive days.

14The Licensee shall submit proposed suspension dates in writing to the Manager of Hearings, Hearings Department, Alcohol and Gaming Commission of Ontario at the address on the front of this decision within seven (7) days of the date of this decision. The Board will set suspension dates without further notice to the Licensee if proposed dates are not provided within that time. The suspension must be served on days the establishment normally operates. The suspension may not start earlier than twenty (20) days from the date of this decision and must be completed within ninety (90) days of the date of this decision.

DATED AT TORONTO THIS 23rd DAY OF OCTOBER, 2008.

BRIAN J. FORD, BOARD MEMBER GUY MAURICE, BOARD MEMBER

BJF/cp