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-
Paradise Place Caribbean Restaurant Inc. O/A Paradise Place Caribbean Restaurant Inc.
Licensee
DECISION ON Sanction
Panel: Patricia McQuaid, Vice-Chair Guy Maurice, Board Member
Decision Date: April 27, 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 Paradise Place Caribbean Restaurant Inc. ) Wesley Buchner, On behalf of ) the Corporation
Allegations
A hearing into Notice of Proposal number 16209 dated April 24, 2008, to suspend liquor licence number 281006 issued to Paradise Place Caribbean Restaurant Inc., (the “Licensee”), operating as PARADISE PLACE CARIBBEAN RESTAURANT INC., 571 Vaughan Road, York, Toronto, Ontario, M6E 2W8, (the “establishment” or the “premises”), on the basis of an alleged violation of subsection 45(2) of the Liquor Licence Act (“LLA”) and section 45.2 and subsections 17(2) and 45(1) of Ontario Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on December 18, 2008, in the City of Toronto.
In its decision dated March 3, 2009, the Board found the Licensee violated subsection 45(2) of the LLA and subsections 17(2) and 45(1) of the O.Reg. The Board declined to make a finding of a violation of section 45.2 of the O.Reg. Parties were directed to provide written submissions on an appropriate sanction. The Board has received and reviewed those submissions.
Registrar’s Submissions
Mr. Kulis submitted that the Registrar had taken into account in proposing a 10 day Notice of Proposal that the Licensee had no prior record since 1999. With that length of time as a licence holder, the operations should have been better managed. The licence holder should have a policy and procedure in place that instructs his staff to assist rather than hinder inspections of the business.
As both a specific and general deterrent and in light of the dismissal of subsection 45(2) of the O.Reg, a seven day suspension is recommended.
Licensee’s Submissions
Mr. Buchner admits and accepts the responsibility of not having competent staff with the knowledge of assisting instead of hindering the inspectors when they arrive at his establishment.
In the last four months he has been engaged in re-educating his staff on their duties with respect to their responsibility under the LLA. He has also hired a manager with advanced experience in the restaurant and bar industry and does not intend for such incidents to occur in the future.
Mr. Buchner respectfully asked for a fine in lieu of a seven day suspension, since he just served a two week suspension that hurt the business substantially.
Analysis/Reasons
The Board has carefully reviewed and considered the evidence in this matter as well as the written submissions received.
The Board notes the uncontradicted evidence of P.C. Taylor and that S.C. asserted she was the manager but she and F.W. were at best unhelpful and by P.C. Taylor’s account, rude and disdainful. He asked to see receipts for the purchase of alcohol and neither S.C. nor F.W. could provide them nor could or would they contact Mr. Buchner.
When J.V. inserted herself into the discussion, loudly and rudely, they did nothing to control her behaviour despite P.C. Taylor’s request to do so. Mr. Buchner said he had left the premises only briefly, yet there was no indication that anyone was left to supervise the activities of the establishment. It is incumbent on a licence holder to ensure that both he and his employees cooperate during inspections and based on the evidence of P.C. Taylor, the licence inspection was made difficult by the action, and inaction of the employees who were present. This lack of supervision of employees who displayed little knowledge of the requirements of the LLA and regulations is of concern.
The Licensee, in his submissions, asked for a fine. The Board has no jurisdiction to order a monetary penalty. Only the Registrar has jurisdiction to order a monetary penalty as an alternative measure to a Notice of Proposal to suspend a licence in cases where the infraction is a minor one. These breaches are treated quite seriously by the Board as significant consequences can flow from such lapses. While the Board commends the Licensee for apparently taking steps to re-educate staff and have proper supervision in place given the findings of the Board, more than a minimal suspension is warranted as a specific as well as a general deterrence.
Thus, the Board finds that a seven day suspension is appropriate.
Conclusion
Therefore, the Board orders that liquor licence number 281006 issued to Paradise Place Caribbean Restaurant Inc., operating as PARADISE PLACE CARIBBEAN RESTAURANT INC., 571 Vaughan Road, York, Toronto, Ontario, M6E 2W8, be suspended for a period of SEVEN (7) consecutive 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 27^th^ DAY OF April , 2009
PATRICIA MCQUAID, VICE-CHAIR GUY MAURICE, BOARD MEMBER