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-
Casual Restaurant Systems Inc. O/A Philthy McNasty’s
Licensee
DECISION ON SANCTION
Panel: Allan Higdon, Board Member
Decision Date: January 30, 2009
Hearing Location: Kitchener, 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
Casual Restaurant Systems Inc., Licensee ) Jeff Lieberman, Representative
Allegations
A hearing into Notice of Proposal number 16050 dated February 20, 2008, to suspend liquor licence number 203389 (the “Licence”), issued to Casual Restaurant Systems Inc. (the “Licensee”), operating as PHILTHY MCNASTY’S, 50 Westmount Road North, Unit D4/5, Waterloo, Ontario, N2L 2R5, (the “establishment” or the “premises”) on the basis of alleged violations of section 45.1 and subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act (LLA), was held on June 16 and September 18, 2008, in the City of Kitchener.
In its decision dated January 9, 2009 the Board found the Licensee violated section 45.1 and subsection 45(1) 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
Counsel for the Registrar submitted that the breach involved five separate incidents on the night in question with a number of aggravating factors including insufficient security and lack of assistance provided to police officers who were called to the scene. A much more serious incident could well have happened.
A suspension of 10 days would be appropriate given the sanction applied for a similar incident at another bar.
Licensee’s Submissions
Counsel for the Licensee stated his client had no adverse history in five years of operation. The facility is a family oriented restaurant and does not want its reputation tainted. A long suspension would also have devastating economic consequences.
The Licensee has put a new team in place and retrained existing personnel. In addition, a strict policy has been implemented regarding enhanced security in the parking lot.
Given the circumstances, a 5 day suspension would be appropriate.
Registrar’s Reply
- In reply, Counsel for the Registrar stated the financial impact of sanctions on the Licensee is precisely the point of specific deterrence.
Analysis/Reasons/Findings
The Board considers the events at Philthy McNasty’s to have been a serious breach of the responsibility of the Licensee to abide by the LLA and thereby ensure the safety of patrons and the general public. The sanction for such a breach must be serious.
The Board notes, however, this is the first time the Licensee has been found in breach of the LLA. According to the submission by Licensee’s counsel, a new operations team has been put in place and existing staff retrained. The parking lot security situation has also been addressed. In addition, no property damage, injuries or arrests resulted from the incidents.
The Board is encouraged that the Licensee appears to have taken this incident seriously and taken significant action to ensure an incident does not happen again.
Given this response and mindful this is the first infraction for the Licensee, the Board considers a suspension of SEVEN (7) days appropriate.
Order
Therefore, the Board ORDERS that liquor licence number 203389, issued to Casual Restaurant Systems Inc., operating as PHILTHY MCNASTY’S, 50 Westmount Road North, Unit D4/5, Waterloo, Ontario, N2L 2R5, 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 30^th^ DAY OF January , 2009
ALLAN HIGDON, BOARD MEMBER