Registrar, Alcohol and Gaming Commission of Ontario v. 2113753 Ontario Ltd., 2008 CanLII 91907

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

ORDER

Panel: Patricia McQuaid, Vice-Chair Dianne Axmith, Board Member

Decision Date: October 30, 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 ) Phillip Morris, Representative 2113753 Ontario Ltd., Licensee ) Jerry Levitan, Representative

Allegations

1A hearing into a Notice of Proposal (“NOP”) number 16738 dated October 17, 2008 to revoke a liquor licence and an Order dated October 17, 2008 to immediately suspend a liquor license on an interim basis to license number 804439 issued to 2113753 Ontario Ltd. (the “Licensee”) operating as SUGAR ISLAND RESTAURANT & BAR, 1455 Britannia Road, Unit 1, Mississauga, Ontario, L4W 1C7, on the basis of alleged violations of section 45.1 and subsections of Ontario Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act ("LLA"), was held on October 28, 2008 in the City of Toronto.

Order

2The Registrar had ordered on October 17, 2008 that an Interim Suspension be placed on the licence in the interest of public safety, subject to an Order by the Board of the Alcohol and Gaming Commission of Ontario (“AGCO”).

3The Board, having considered the evidence heard to date and the submissions of the parties’ representatives on October 28, 2008 confirms its oral ORDER that the Interim Suspension Order dated October 17, 2008 placed on licence number 804439 operating as Sugar Island Restaurant and Bar, 1455 Britannia Road, Unit 1, Mississauga, L4W 1C7, be RESCINDED as of 11:00 a.m. on October 30, 2008, on conditions as set out in paragraph 9 below.

Reasons

4The Board is concerned about the serious allegations contained in the Registrar’s Order of October 17, 2008, and wants to assure the parties that this decision to rescind the Interim Suspension Order is not pre-judging the matters alleged in NOP number 16738. A final determination cannot and will not be made until all the testimony, exhibits and submissions are thoroughly reviewed by the panel.

5The Board, at this time must concern itself with the Interim Order and specifically at page 2 where it states:

“The Licence holder has created an environment that attracts people who are violent. The most recent incident occurred on October 12, 2008. A person exited the licensed premises and obtained a gun from a vehicle. This person returned to the club openly brandishing a gun. Approximately eight shots were fired, one of which struck and killed a patron exiting the licensed premise. The shooter escaped. Security surveillance cameras imposed on the licence following the previous interim suspension were not operating and as a result, the video recording which was required to be kept for police review were not available.”

6The Board’s concern is public safety. During the hearing, the Board heard testimony from police officers that the licence holder has been cooperative and pro-active in attempting to improve security services. In fact, two days before the October 12 incident, the Licensee met with Peel Police Officers Watson and Van Allen to discuss a new proposed Security provider and amendment to conditions imposed in the AGCO decision of July 8, 2008 (Exhibit #7 – E-mail from Constable Jason Watson to Phillip Morris and Jerry Levitan, October 10, 2008).

7The Board also heard evidence that the source of past problems has been patrons who attend specially advertised and promoted events with DJs at the establishment.

8Based on the evidence heard, the Board is of the view that the lifting of the Interim Suspension, subject to conditions will not compromise the public interest and safety.

9The Board, therefore ORDERS that the Interim Suspension Order is hereby RESCINDED effective at 11:00 a.m. on October 30, 2008 subject to the following conditions:

a) There shall be no special events held at the establishment that are promoted via print or electronic advertising and/or that employs DJs. There are to be no DJs at the establishment, whether retained by the Licensee or a promoter.

b) Since no special events will be held, Conditions 1, 2 and 4 that were imposed on July 8, 2008 are temporarily suspended.

c) If the establishment reaches 50% of its total capacity of 185 persons, two Security personnel must be present.