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-
535702 Ontario Inc. operating as Albert’s Hotel Licensee
ORDER
Panel: Kirsti Hunt, Vice-Chair, AGCO Allan Higdon, Board Member
Decision Date: April 2, 2009
Hearing Location: Timmins, 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 535702 Ontario Inc., Licensee ) Kenneth Alexander, Representative
Allegations
- A hearing into Notice of Proposal number 17107 dated March 6, 2009 to revoke a liquor licence and an Order dated February 27, 2009 to immediately suspend liquor licence number 10188 issued to 535702 Ontario Inc. operating as Albert’s Hotel, 122 Mountjoy Street South, Timmins, Ontario, P4N 1T1 on the basis of alleged violations under subsection 6(2)(d) of the Liquor Licence Act (“LLA”) and subsection 45(2) of Ontario Regulation 719/90 under the LLA, was held on March 30, 2009 in the City of Timmins.
Order
The Registrar had ordered on March 6, 2009 that an Interim Suspension be placed on the licence in the public interest subject to an Order of the Board of the AGCO.
The Board commenced the hearing on March 30, 2009 and considered the evidence to date and the submissions of the parties’ representatives regarding the continuation of the Interim Suspension.
In the Board’s view, an Immediate Suspension of a licence is a drastic intervention when there has been an egregious disrespect of the law and concerns for public safety.
Based on the evidence to date, the Board finds no ongoing pattern of notorious drug activity in the premises. Individuals were arrested in the premises on drug related charges in 2005 and in prior years. However, there is no evidence of this activity in recent years, not in 2006, 2007 nor 2008 until the incident on February 27, 2009.
Although the best policies and procedures were not in place in the establishment, there is no evidence that the licence holder was involved in the drug activity or that he condoned it. He has taken some measures to prevent drug activity in the premises. After the incident in 2004, he installed video cameras in and around the premises and hotel.
As a result of the present incident, he has issued trespass notices prohibiting any of the individuals involved, and their spouses, from being in the Albert’s Hotel. One of these spouses was working in the premises and she was fired.
The licence holder agreed to ban from the premises the individuals identified by Det. Cst. Dinel who had been in the premises in the past and were charged with drug related offences.
He has posted signs in the premises indicating that (1) “this establishment is under camera surveillance 24/7,” (2) “no illegal drugs allowed in this establishment” and (3) “any illegal activity will not be tolerated.”
The licence holder also indicated that he would be closing Room 3 of the hotel which was used as a smoking room for bar patrons.
The licence has been under suspension from March 6, 2009 to March 30, 2009 which is a serious measure. A serious incident took place which resulted in an immediate suspension of the licence in the public interest. However, there is no sufficiently compelling evidence before the Board, to date, to justify keeping the interim suspension in place. Based on the evidence heard, the Board is of the view that lifting the interim suspension, subject to conditions, will not compromise the public interest.
Therefore, the Board hereby confirms its oral ORDER that the Interim Suspension Order dated March 6, 2009 placed on licence number 10188 issued to 535702 Ontario Inc. operating as Albert’s Hotel, 122 Mountjoy Street South, Timmins, Ontario, P4N 1T1, be RESCINDED IMMEDIATELY.
In his evidence, the licence holder agreed to abide by any conditions the Board deemed appropriate. The Board therefore ORDERS that the rescinding of the suspension order be subject to the following conditions:
(a) The video cameras are to remain operational and video saved for a minimum of 7 days.
(b) The following signs be posted in the premises:
(i) This establishment is under camera surveillance 24/7.
(ii) No illegal drugs allowed in this establishment.
(iii) Any illegal activity will not be tolerated.
(c) Robert Brazeau, Kim Moore, Guy Cote, Tina Cote, Oliva Carriere and Nancy Larose are to remain prohibited from being in or having any involvement as employees in the Albert’s Hotel.
(d) George Genest, Corey Courville, Daniel Tibeault, Pierre Castonguay, Barry Godin and Derrick Peachey are prohibited from being in the Albert’s Hotel.
DATED AT TORONTO THIS 2nd DAY OF April , 2009.
KIRSTI HUNT, VICE-CHAIR, AGCO ALLAN HIGDON, BOARD MEMBER