Registrar, Alcohol and Gaming Commission of Ontario v. 2113753 Ontario Ltd. O/A Sugar Island Restaurant & Bar, 2008 CanLII 91903

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-

2113753 Ontario Ltd. O/A Sugar Island Restaurant & Bar

Licensee

DECISION

Panel: David C. Gavsie, Chair, AGCO

Decision Date: July 8, 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 Toll Free In Ontario: 1-800-522-2876

Fax: (416) 326-5566

Website: www.agco.on.ca

Appearances

Registrar, Alcohol and Gaming Commission ) Phillip Morris, Representative

2113753 Ontario Ltd., Licensee ) Jerry Levitan, Representative

1. A hearing into Notice of Proposal number 16412 dated June 20, 2008 to revoke a liquor licence, and an Order dated June 20, 2008 to immediately suspend liquor licence number 804439 issued to 2113753 Ontario Ltd. operating as SUGAR ISLAND RESTAURANT & BAR, 1455 Britannia Road, Unit 1, Mississauga, Ontario, L4W 1C7 on the basis of alleged violations of clause 6(2)(d) of the Liquor Licence Act (“LLA”) and section 45.1 of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on July 7, 2008 in the City of Toronto.

2. Phillip Morris, 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 June 16, 2008, a fight occurred in the licensed premises. The licensee closed the premises and the fight continued and escalated outside. Security was unable to control the fights and crowd. Four people were stabbed during the fight and two people injured by a vehicle as the driver tried to escape his assailants.

3. Based on the Agreed Statement of Facts, the Board found the Licensee breached section 45.1 of the O.Reg. The Board accepted the withdrawal of the remaining allegation.

Order

4. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 2113753 Ontario Ltd. operating as SUGAR ISLAND RESTAURANT & BAR, 1455 Britannia Road, Unit 1, Mississauga, Ontario, L4W 1C7, be SUSPENDED for TWENTY-ONE (21) consecutive days to COMMENCE at 11:00 a.m. on June 20, 2008, and CONTINUE until 2:00 a.m. on July 12, 2008 (which period is inclusive of the interim suspension), or until such time as the conditions in paragraph 5 are met.

5. Further, on consent of the parties, the Board ORDERS the following conditions be attached to the licence:

6. The licensee shall ensure that all patrons are wanded before entering the premises;

7. The licensee shall employ six security guards from 10:00 p.m. to 3:30 a.m. on Thursday, Friday and Saturday nights;

8. The licensee shall turn off all music and turn on all lights no later than 3:00 a.m. and shall vacate the premises no later than 3:30 a.m.;

9. The licensee shall employ two of the six security guards in the parking lot from 2:45 a.m. until 4:00 a.m.;

10. All security guards shall be in uniform and bonded, insured and licensed by the Registrar of Private Investigators and Security Guards in the Province of Ontario;

11. The licensee shall ensure that it has a security plan in place acceptable to the Peel Regional Police Services;

12. The licensee shall install and maintain security cameras inside and outside the premises along with video equipment in accordance with the security plan. The number, location and hours of operation of the cameras shall be set out in the security plan;

13. The licensee shall maintain the security cameras and video and retain a copy of the video on-site for 30 days, and provide a copy of the video to police and liquor licence inspectors upon demand;

14. The licensee shall install and maintain signage warning patrons that the indoor and outdoor premises are under video surveillance, and warning them of the requirement to leave the premises and disperse quietly once the premises is closed. The wording, number and location of the signs shall be set out in the security plan.

DATED AT TORONTO THIS 8th DAY OF JULY, 2008.

DAVID C. GAVSIE, CHAIR, AGCO

DCG/cp

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 OF 2113753

ONTARIO INC. OPERATING AS SUGAR ISLAND

RESTAURANT & BAR, 1455 BRITANNIA ROAD, UNIT 1

MISSISSAUGA

LICENCE NO. 804439

AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED

JUNE 20, 2008

AGREED STATEMENT OF FACTS

The licensee, after consultation with counsel, and the Registrar agree to the following facts:

1. On June 16, 2008, a fight occurred in the licensed premises. The licensee closed the premises and the fight continued and escalated outside. Security was unable to control the fights and crowd. Four people were stabbed during the fight and 2 people injured by a vehicle as the driver tried to escape his assailants.

2. Based on paragraph 1, the licensee breached s. 45.1 of Ont. Reg. 719/90.

3. The licensee has shown remorse and co-operated with the Commission.

4. The licensee will be suspended for 10 days in August for an unrelated breach.

page 2

JOINT SUBMISSIONS ON DISPOSITION

The licensee, after consultation with counsel, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:

1. The Board shall suspend licence no. 804439 for a period of 21 days commencing at 11:00 a.m. on June 20, 2008 and ending at 2:00 a.m. on July 12, 2008, or until such time as the conditions in subsection 2 are met.

2. The Board shall impose the following conditions on the licence:

3. The licensee shall ensure that all patrons are wanded before entering the premises;

4. The licensee shall employ 6 security guards from 10 pm to 3:30 am on Thursday, Friday and Saturday nights;

5. The licensee shall turn off all music and turn on all lights no later than 3 am and shall vacate the premises no later than 3:30 am.;

6. The licensee shall employ 2 of the 6 security guards in the parking lot from 2:45 am until 4:00 am;

7. All security guards shall be in uniform and bonded, insured and licensed by the Registrar of Private Investigators and Security Guards in the Province of Ontario;

8. The licensee shall ensure that it has a security plan in place acceptable to the Peel Regional Police Services;

9. The licensee shall install and maintain security cameras inside and outside the premises along with video equipment in accordance with the security plan. The number, location and hours of operation of the cameras shall be set out in the security plan;

10. The licensee shall maintain the security cameras and video and retain a copy of the video on-site for 30 days, and provide a copy of the video to police and liquor licence inspectors upon demand;

11. The licensee shall install and maintain signage warning patrons that the indoor and outdoor premises are under video surveillance, and warning them of the requirement to leave the premises and disperse quietly once the premises is closed. The wording, number and location of the signs shall be set out in the security plan.

12. The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.

DATED AT TORONTO THIS 3RD DAY OF JULY, 2008.

RESPECTFULLY SUBMITTED,

Neelkranth (Neel) Parbhu Phillip Morris

for Registrar’s Counsel

licensee