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-
1126430 Ontario Inc. O/A Little Texas Bar & Grill Licensee
DECISION on sANCTION
Panel: Brian J. Ford, Board Member Alex McCauley, Board Member
Decision Date: June 1, 2009 Hearing Location: Belleville, 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 1126430 Ontario Inc., Licensee ) William Walker, Representative
Allegations
- A hearing into Notice of Proposal number 16175 dated April 10, 2008, to suspend liquor licence number 809441 issued to 1126430 Ontario Inc., (the “Licensee”) operating as LITTLE TEXAS BAR & GRILL, 290 North Front Street, Belleville, Ontario, K8P 3C6, (the “establishment” or the “premises”) on the basis of alleged violations of subsection 45(1) and section 45.1 of Ontario Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”), was held on October 27, 2008, in the City of Belleville.
Decision
- In its decision dated April 24, 2009, the Board found the Licensee violated section 45.1 of the O.Reg and subsection 45(1) of the O.Reg with regards to the sleeping patron. The Board declined to make a finding regarding the allegation of a violation of subsection 45(1) of the O.Reg with regards to the patron in the black Carhartt coveralls. Parties were directed to provide written submissions on an appropriate sanction.
Decision of the Board
The Board has reviewed the submissions of counsel relative to sanction with regards to the findings in the matter of the liquor licence of 1126430 Ontario Inc., operating as Little Texas as heard on October 27, 2008.
Registrar’s representative submits that based on previous findings against this Licensee, and the nature of the findings in the incidents heard by this Board that there should be a suspension within the range of 21 to 28 days.
Licensee’s representative contends that the Licensee was in compliance with section 45.1 of the O.Reg. He points to the fact that there was no recurring pattern of public disturbance such as what occurred in October 2007. He refers again to the AGCO’s publication; “Licence Line” regarding section 45.1 which was published to Licensees when the section became law. He suggests by way of mitigation that the police were in attendance when Mr. St. George was outside hence no reason to call them.
Regarding the finding of subsection 45(1) of the O.Reg where Mr. Stanzel was found to use excessive force, Licensee’s representative submits he was only fulfilling his obligation under section 34 of the LLA.
Licensee’s representative suggests a suspension of the liquor licence of 14 days is appropriate.
The Board does not attend to restate its findings and the reasons for them but points out the following. The Board in its decision did not support the contention the Licensee had undertaken any plan as outlined by section 45.1 under the O.Reg. The Board did not see as credible that Ms Howard called police as she stated. The Board finds no mitigating factors for the Licensee as it pertains to its findings under section 45.1 of the O.Reg.
The Board in finding that excessive force was used by Mr. Stanzel does not mitigate those facts because of the suggestion that Mr. Stanzel was only trying to fulfill his duties under the LLA. The use of force must always be lawful in its application, if found to be excessive it is no longer lawful. The Board takes the matters of force by members of staff very seriously. A man of the build of Mr. Stanzel can easily handle an intoxicated patron without becoming excessive in his use of force.
The past record of this Licensee is less than stellar. The Licensee in October of 2008 was suspended for 14 days. Crowd control again was a factor. This Licensee previous to that time had also served suspensions for infractions of the LLA.
The Board is concerned that the Licensee may not be able to properly manage these licensed premises. The future will tell how dedicated the Licensee is regarding following the rules and regulations to ensure his establishment is run in an orderly and lawful fashion. Continued infractions may well lead to the revocation of this licence.
Order
For all the foregoing reasons the Board orders that liquor licence number 809441 issued to 1126430 Ontario Inc., operating as LITTLE TEXAS BAR & GRILL, 290 North Front Street, Belleville, Ontario, K8P 3C6, be SUSPENDED for 25 days.
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 1st DAY OF June , 2009
BRIAN J. FORD, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER