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-
Walfried Gotthelf operating or intending to operate as Summerlea Golf Course Applicant
DECISION
Panel: Beryl Ford, Board Member Guy Maurice, Board Member
Decision Date: November 24, 2008
Hearing Location: Port Perry, 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 Walfried Gotthelf, Applicant ) Walfried Gotthelf
The Application
- The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued a Notice of Proposal (“NOP”) number 16485 dated July 23, 2008 to review an application for a liquor licence from Walfried Gotthelf (the “Applicant”) operating or intending to operate as SUMMERLEA GOLF COURSE, formerly known as Summerlea Bar & Grill, 10500 Russell Road, Port Perry, Ontario, L9L 1B3, (the “Premises”) establishment number 70154. The Proposal alleges violation of subsection 6(2)(d) of the Liquor Licence Act (“LLA”). A hearing of the Application was held on October 2, 2008 in the City of Port Perry.
Decision
- After considering all the evidence and submissions the Board DENIES the Application for liquor licence. Reasons follow.
Preliminary Matters
- Walfried Gotthelf is the Applicant. He appeared on his own behalf and waived the right to be represented by a barrister and solicitor or a licensed representative.
Registrar’s Evidence
Dianne Pace, Manager of Liquor Sales Licensing at the AGCO since 2007, gave evidence that she was familiar with the Application submitted by Mr. Gotthlef for Summerlea Golf Course. The Applicant held a liquor licence from 1979 until 2005, and when he applied for renewal in 2005 it was discovered that he was not truthful on his application and in particular, he did not disclose two convictions of assault in 1990 and 1991, or a conviction of sexual interference with a minor in 2002. An NOP to refuse to renew a licence was issued on November 3, 2005 and subsequently, a hearing of this matter was held by the Board on March 10, 2006 whereby the Board refused the renewal of the licence. The Board’s decision of March 2006 was attached to NOP 16485 as an exhibit.
Since the Board’s decision of 2006, the Premises was issued a licence under a different ownership for Summerlea Bar & Grill. This licence expired in July of 2008, as per the liquor sales licence (Exhibit #1).
The Registrar submitted the licence profile (Exhibit #2) which illustrates the condition attached to the licence previously issued to Summerlea Bar & Grill which states:
“Other than landlord duties, Walfried Gotthelf shall not be involved in any way or in any part of the business as an officer, director, shareholder or employee.”
It was submitted that the attachment of this condition to the previous licence was the sole reason for its approval.
A letter from the Applicant in support of his application, and which provides an explanation for his application, was also entered into evidence as Exhibit #3.
In her testimony, Ms. Pace directed the Board to Mr. Gotthelf’s Personal History Report (Exhibit #4), and drew attention to question number 10 which outlines the Applicant’s charges and convictions. Ms. Pace also drew attention to an investigation report from the Ontario Provincial Police (Exhibit #5) which outlines his criminal record, and shows his probation period expired as of November 2007.
As Manager of Liquor Sales Licensing, Ms. Pace expressed her concern regarding the application and submitted that it should not be approved due to the seriousness of Mr. Gotthelf’s criminal convictions, most notably the conviction of sexual interference with a minor. Ms. Pace stated that golf courses are family oriented and children are often present. Golf courses often offer junior programs for children ages 5 to 6 and some also offer camp programs for children. Ms. Pace submitted that the Applicant had not provided any evidence to substantiate that he will not re-offend despite the fact that he has been through a sexual management course, an anger management course, an alcohol management course, and has met a woman that has helped him as she is well organized and has a good attitude.
It is also noted that the Applicant has not provided any documents to indicate any treatments of changes in his life.
Applicant’s Evidence
Mr. Gotthelf hoped that the Board would reconsider his Application. He referred to a new lady in his life who is very strict with alcohol and co-operative, and who has helped him change for the better. He submitted that he only works at the bar in the mornings. He also has a 15 year old son who likes to help as green-keeper.
He addressed the charges against him that date back to 1990, and stated that he has taken all of the courses prescribed to him which had a 6 month duration. He has learned more about the criminal charges and was very explicit as to why the charges arose. He stated that he has reformed his behaviour and if the Board grants him a licence, he will not commit these acts again.
The Registrar’s Representative directed Mr. Gotthelf’s attention to the condition on the previous licence which states that he “…could not be involved in any way or in any part of the business as an officer, director, shareholder or employee”, yet he admitted that he worked at the bar in the mornings.
Registrar’s Submissions
The Registrar submitted that the Application should be denied. The only difference between now and 2005 is that the Applicant learned not to put himself on the application forms when applying for a liquor licence. While the Applicant asserted that he is rehabilitated, he did not provide anything to support this claim. It is also clear that the Applicant is still trying to explain away his convictions. The Registrar pointed out that Mr. Gotthelf only took the management courses because he was ordered to do so by his Probation Officer, which does not speak to him voluntarily trying to turn his life around. Ms. Pace’s information from the Probation Officer is that Mr. Gotthelf had stopped drinking, yet Mr. Gotthelf admits to drinking two drinks a day two or three times a week. The fact that Mr. Gotthelf worked at the golf course despite the condition attached to the licence that prohibited him from doing so, and the fact that he owns and lives on the property is not reason enough to grant a licence.
The Applicant has a serious criminal record and it has been less than a year since the completion of his probation.
Applicant’s Submissions
- The Applicant stated that the Registrar’s evidence was not totally truthful. He went on to explain the circumstances that led to the criminal charges.
Analysis and Reasons
- After considering all of the evidence and submissions, the Board finds that the circumstances surrounding the Applicant, the seriousness of his criminal record, and his outright violation of the condition attached to licence 70154 by working at the golf course when prohibited from doing so are very significant. The Applicant has shown no significant changes since the Board’s decision of March 31, 2006, refusing the renewal of its liquor licence, and therefore has demonstrated nothing that now warrants the issuance of a liquor licence.
Conclusion
- For the above reasons the Board DENIES the Application for liquor licence made by Walfried Gotthelf for SUMMERLEA GOLF COURSE, 10500 Russell Road, Port Perry, Ontario, L9L 1B3, establishment number 70154.
DATED AT TORONTO THIS 24th DAY OF NOVEMBER, 2008.
BERYL FORD, BOARD MEMBER GUY MAURICE, BOARD MEMBER
GM/cp