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-
1170651 Ontario Inc. O/A Mingal’s Restaurant & Bar
Licensee
DECISION ON SANCTION
Panel: David C. Gavsie, Chair, AGCO Guy Maurice, Board Member
Decision Date: March 4, 2009
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 ) Richard Kulis, Representative 1170651 Ontario Inc., Licensee ) Allan Qiang, on behalf of the corporate licensee
Allegations
A hearing was held on December 12, 2008 regarding Notice of Proposal number 16575 dated August 20, 2008 (the “NOP”) to suspend the liquor licence of 1170651 Ontario Inc. (the “Licensee”) operating as MINGAL’S RESTAURANT & BAR at 2386 Kingston Road, Scarborough, Toronto, Ontario, M1N 1V2 (the “Premises”), licence number 20344 (the “Licence”), on the basis of alleged violations of section 29 and subsections 25(1) and 45(1) of Ontario Regulation 719/90 (the “O.Reg”) enacted under the Liquor Licence Act ( the “LLA”).
In its decision dated January 26, 2009, the Board made findings that violations of section 29 of the LLA and subsections 25(1) and 45(1) of the O.Reg did occur. The parties were invited to provide submissions on an appropriate sanction.
Decision On Sanction
Mr. Kulis on behalf of the Registrar pointed out that in a decision of the Board made up of different members than the panel members hearing this matter, such decision being dated January 15, 2009, findings were made that the Licensee had violated section 29 of the LLA, and subsection 45(1) and paragraph 50(c) of the O.Reg.
Given the findings in this case, over a short period of time, the Licensee has had five breaches of the LLA and O.Reg, one being a repeat breach of subsection 45(1) of the O.Reg.
Mr. Kulis concludes by stating that as a specific deterrent to the Licensee, a fourteen (14) day suspension as requested in the NOP is appropriate.
Ms. Sheng, the principal of the Licensee admits to the violations as determined by the Board’s decision, stating that she has learned her lesson and will be more vigilant in the future to prevent violations and to meet her obligations under the LLA.
Ms. Sheng asks the Board to consider her ignorance toward the regulation of signs of service and consumption, and her efforts in preventing violations after the infractions occurred on April 16, 2008. She also points out steps she has taken since that evening by posting signs behind the bar counter.
Reasons
At the hearing, Ms. Sheng admitted her failure to clear the signs of service by 2:45 a.m. but stated several times, she believed she had until 3:00 a.m. to do so. The Licensee argued there was no intent to breach the law.
Licensees are presumed to know the law, especially key provisions dealing with hours of service and clearing signs of service.
The Board gives little weight on the argument that there was no intent to breach the provision dealing with clearing all signs of service by 2:45 a.m. The Licensee should have known this rule and abided by it. Licensees are presumed to know the LLA and regulations enacted under it.
Posting signs behind the bar counter and stating in submissions that the Licensee will be more vigilant going forward may be well-intentioned thoughts and words. However, whether a sign is posted or not, the fact remains that the Licensee should have known that sales of alcohol cease at 2:00 a.m. and signs of service must be cleared by 2:45 a.m.
As a matter of both general and specific deterrence, the Board feels that a fourteen (14) consecutive day suspension of the Licence, as proposed by the Registrar, is appropriate in this case.
Order
The Board ORDERS that liquor licence number 20344 issued to 1170651 Ontario Inc. operating as MINGAL’S RESTAURANT & BAR, 2386 Kingston Road, Scarborough, Toronto, Ontario, M1N 1V2, be suspended for a period of fourteen (14) consecutive days.
The 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 4th DAY OF MARCH, 2009
DAVID C. GAVSIE, CHAIR, AGCO GUY MAURICE, BOARD MEMBER