ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
BETWEEN:
Registrar, Alcohol and Gaming Commission of Ontario (Registrar)
-and-
Viet Truong O/A Gia-Han Quan Karaoke Bar (Licensee)
DECISION ON SANCTION
Panel: Patricia McQuaid, Vice-Chair S. Grace Kerr, Board Member
Decision Date: June 1, 2009 Hearing Location: Hamilton, 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 Viet Truong, Licensee: Anthony Tran, Representative
Allegations
1A hearing into a Notice of Proposal number 16540 dated July 31, 2008 to suspend liquor licence number 805193 issued to Viet Truong (the "Licensee") operating as GIA-HAN QUAN KARAOKE BAR, 430 York Boulevard, Unit 6, Hamilton, Ontario, L8R 3K8, on the basis of alleged violations of subsections 45(1) and 45(2) of the Liquor Licence Act ("LLA") and section 29 of Ontario Regulation 719/90 ("O.Reg"), made pursuant to the LLA, was held on February 9, 2009 in the City of Hamilton.
Decision
2In its decision dated April 17, 2009, the Board found the Licensee violated section 29 of O.Reg. The Board dismissed the alleged violations of subsections 45(1) and (2) of the LLA. Parties were directed to provide written submissions on an appropriate sanction.
Decision On Sanction
3After the request to the parties to provide written submissions on sanction, the hearings office was advised by email from Ms Taylor on April 24th that the Licensee had surrendered his licence. Ms Taylor did, however, at the Board's request, file submissions on sanction which were received on or about April 30th. The Licensee's submissions were then due on May 7, 2009. None were received and the Licensee's representative was contacted and subsequently advised that an extension to May 13th would be granted. No submissions have been received from the Licensee or his representative.
4While the issue of a suspension may be moot given Ms Taylor's advice that the license has been surrendered, for completion of the record in this matter, the Board has determined that it is appropriate to issue a decision on sanction in this matter.
5In her submissions, Ms Taylor states that this was the second breach of section 29 of the O.Reg 719/90 within the past year. The Board, in a decision dated October 2, 2008, imposed a fifteen day suspension. That matter included, as well, violations of a serious nature of both subsections 45(1) and 45(2) of the LLA. While the facts in this instance were not as serious as in the prior decision, Ms Taylor submits that the same breach underlies both matters and proposes that a 14 day suspension of the liquor licence would be appropriate.
6While the Board did not make findings in this matter on two of the three violations alleged, the finding of the violation of section 29 of the O.Reg is concerning because it represents a repeated occurrence in a fairly short period of time. However, given the particular circumstances, the surrender of the licence, the Board deems a slightly lesser sanction than proposed by Ms Taylor to be appropriate. While, the issue of specific deterrence may be moot, the issue of general deterrence is not. The Board therefore finds that a ten (10) day suspension is appropriate in this instance.
Order
7The Board orders that liquor licence number 805193 issued to Viet Truong operating as GIA-HAN QUAN KARAOKE BAR, 430 York Boulevard, Unit 6, Hamilton, Ontario, L8R 3K8, be suspended for a period of TEN (10) consecutive days.
8The surrender of the licence having occurred, the suspension, while on the record of the Licensee, cannot be served and no further submissions from the parties is required.
DATED AT TORONTO THIS 1st DAY OF June , 2009
PATRICIA MCQUAID, VICE-CHAIR S. GRACE KERR, BOARD MEMBER