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 Ontario Registrar
-and-
Hejin Lee O/A Sam’s Pub Licensee
DECISION ON Sanction
Panel: Dianne Axmith, Board Member Brian J. Ford, Board Member
Decision Date: January 14, 2009 Hearing Location: Ottawa, 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 Hejin Lee, Licensee ) Sang Lee, Representative
Allegations
A hearing into Notice of Proposal number 16300 (the “NOP”) dated May 21, 2008, to suspend liquor licence number 201902 issued to Hejin Lee (the “Licensee”), operating as SAM’S PUB, 583 Sherbourne Street, Toronto, Ontario, M4X 1K7, (the “premises”) on the basis of alleged violations of subsections 31(1)(c), 33(1) and 45(1) of Ontario Regulation 719/90 (the O.Reg), made pursuant to the Liquor Licence Act (“LLA”), was held on August 5, 2008, in the City of Toronto.
In its decision dated October 24, 2008, the Board found the Licensee violated subsections 31(1)(c) and 45(1) of the O.Reg and dismissed the alleged violations of subsection 33(1) of the O.Reg. Parties were invited to provide written submissions on an appropriate sanction. The Board has received and reviewed those submissions.
Registrar’s Submissions
- The Registrar submitted that as long as the licence remained in his or her name, it is the licence holder’s continuing obligation to conduct the operations in accordance with the law. The Registrar recommended that an 18-day suspension be imposed as two of the three matters in the NOP were found to be violations. The Licensee had previously served a 10-day suspension for “permit drunkenness” in January 2008.
Licensee’s Submissions
- The Licensee, in her submissions, appealed for a shorter suspension period of seven days, with a start date of December 24, 2008, for a violation of the O.Reg.
Registrar’s Reply
- In reply to the Licensee’s submissions, Mr. Kulis objected to the proposed suspension dates noting that such a suspension over a holiday is contrary to the Board policy.
Reasons
The Board has reviewed and considered the submissions on sanction by the Registrar’s Counsel and by the Representative of the Licensee.
Mr. Kulis feels that an 18-day suspension would be appropriate in this matter considering that the Licensee received a 10-day suspension in 2008.
The Licensee submits that a shorter suspension period of seven days would be an appropriate sanction. No reasons were given for the suggested length of suspension.
The evidence is clear that the police officers who attended at Sam’s Pub had contact with a drunken person and testified as to his condition. This person exhibited all the signs of intoxication while in the premises of Sam’s Pub.
The evidence is also clear and was admitted to by the Licensee that the attending police officers found beer on the premises behind the bar, which was purchased off-licence.
The Board notes that the Licensee’s previous 10-day suspension in January 2008 was very recent and was also for a violation of subsection 45 (1) of the O.Reg.
In this case the Licensee has been found to have violated subsections 31(1)(c) and 45(1) of the O. Reg.
The Licensee has presented no mitigating circumstances.
After full consideration of all the evidence and submissions, the Board finds that an 18-day suspension is appropriate in this case.
Order
The Board orders that liquor licence number 201902 issued to Hejin Lee, operating as SAM’S PUB, 583 Sherbourne Street, Toronto, Ontario, M4X 1K7, be suspended for a period of EIGHTEEN (18) 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 14th DAY OF January, 2009
DIANNE AXMITH, BOARD MEMBER BRIAN J. FORD, BOARD MEMBER