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-
Albina Ingratta, Umberto Ingratta O/A La Molisana Café Licensee
DECISION ON SANCTION
Panel: Guy Maurice, Board Member Alex McCauley, Board Member
Decision Date: January 8, 2008 Hearing Location: Windsor, 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 ) Daniel Alakas, Representative Albina Ingratta, Umberto Ingratta, Licensee ) Albina Ingratta
Allegations
A hearing into a Notice of Proposal number 16256 dated May 9, 2008 to suspend liquor licence number 808069 (the “Licence”) issued to Albina Ingratta, Umberto Ingratta operating as LA MOLISANA CAFÉ (the “Licensee”), 209 Talbot Street West, Lot 4, Leamington, Ontario, N8H 1N8 on the basis of alleged violations of subsections 34(1) and 45(1) and section45.1 of Ontario Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”), was held on October 8, 2008 in the City of Windsor.
In its decision dated October 24, 2008 the Board found the Licensee violated subsections 34(1) and 45(1) of the O.Reg. The parties were directed to provide written submissions on an appropriate sanction. The Board has received and reviewed those submissions.
Registrar’s Submissions
Registrar’s Representative, Mr. Alakas, submitted that the Licensee allowed the offences to be committed without providing any of the due diligence expected of licensees to control and deter these offences. The Licensee had security measures that were described as lax or non-existent.
There was no evidence given as to any measures taken before, during or after the violations that could work to mitigate any administrative sanctions imposed by the Board.
The Board, in acting in the public interest, must seek to achieve both general and specific deterrence in imposing sanctions.
The Licensee was suspended for seven days in 2004 for violating sections 45(1) and 29 of the O.Reg by permitting drunkenness and failing to remove signs of sale and service. In 2007 the Licence was suspended for three days for a violation of subsection 45(1) of the O.Reg by permitting unlawful gambling. The Licensee’s repeated failure to exercise the appropriate level of responsibility requires a strong response in terms of administrative sanction.
A suspension of the Licence for seven days is appropriate in these circumstances.
Licensee’s Submissions
The Licensee, in their submission, disputed the findings of the Board. They submitted that the beer the individuals had in their possession when encountered by the police may have come from other establishments in the area including a bootlegger across the street.
The patrons had the beer hidden when they left the establishment and staff were distracted by the police, so how could they be expected to prevent patrons sneaking out beer?
The Licensee goes on in detail about being picked on and persecuted by the authorities for previous infractions.
The Licensee concludes their submissions with a term of profanity which is presumed to be aimed at the Registrar and Board of the Alcohol and Gaming Commission of Ontario.
Decision On Sanction
It is the Board’s opinion that the Licensee just “does not get it”. The Registrar’s Representative stated the sale and service of alcoholic beverages is a highly regulated industry in the Province of Ontario. This level of regulation is necessary to protect the public interest and public safety. The Board concurs wholeheartedly with this position. As a result there is an expectation placed on all licensees to provide a high level of due diligence in ensuring that their establishments meet the requirements of the regulatory acts and that they provide an environment of public safety.
On the night in question the Licensee did not provide that level of due diligence at La Molisana Café - quite the contrary. They permitted several patrons to become intoxicated, and there was a resulting disturbance which necessitated police involvement and subsequent arrests. The situation was further exacerbated when intoxicated individuals removed beer from the establishment.
The Licensee wants to convince the Board that staff were distracted and the individuals were sneaking the beer out so how could the Licensee be held accountable. The Board is not persuaded by the Licensee’s submissions. The sneaking out of alcohol is, in and of itself, generally the action of intoxicated patrons. If a licensee prevents intoxication they invariably prevent many of the illegal acts that follow. Also it became clear to the police early on that patrons had beer on their person, beer when first observed by police was in clear view, an inference could be drawn that the beer was in view when removed from the establishment.
The Licensee has previous violations for the same offences. This is disturbing in that these offences are for the same violations cited here.
The Licensee, as stated in their submissions, see themselves as targeted victims. There is no evidence to support this assertion and it is in the Board’s view absurd.
If the Licensee wishes to continue to operate a licensed establishment in the Province of Ontario it must focus itself on conforming to the conditions set out in the LLA and the regulations thereto.
The Board finds there were no mitigating factors on the night in question from which the Licensee can draw upon. The Licensee permitted drunkenness in the establishment. Lax or non-existent security allowed matters to escalate and further offences to be committed.
Clearly the Licensee does not accept any responsibility or feel any remorse for their actions on the night in question.
The Board, for the reasons stated and as a specific and general deterrence against future violations by the Licensee, agrees that a seven (7) day suspension is appropriate in the circumstances.
Order
Therefore, the Board ORDERS that liquor licence number 808069, issued to Albina Ingratta, Umberto Ingratta operating as LA MOLISANA CAFÉ, 209 Talbot Street West, Lot 4, Leamington, Ontario, N8H 1N8, be suspended for a period of SEVEN (7) 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 8th DAY OF JANUARY, 2009.
GUY MAURICE, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER