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-
501250 Ontario Inc. O/A Wally’s Roadhouse Licensee
DECISION ON SANCTION
Panel: Allan Higdon, Board Member Joan Lougheed, Board Member
Decision Date: January 30, 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 ) Joyce Taylor, Representative 501250 Ontario Inc., Licensee ) Roger Button, Representative
AUTHORITIES:
Coffee Time Donuts (Re), [2007] O.A.G.C.D. No. 6 Heart & Crown Pub & Restaurant (Re), [1999] O.A.G.C.D. No 288 Lake Affect Patio Bar & Grill Inc. (Re), [2008] O.A.G.C.D. No. 220
Allegations
1A hearing into a Notice of Proposal (“NOP”) dated March 12, 2008 to suspend liquor licence number 20092 (the “Licence”) issued to 501250 Ontario Inc. operating as WALLY’S ROADHOUSE, 2532-2536 Innes Road, Gloucester, Ontario, K1B 4C5 (the “Premises”), on the basis of alleged violations of subsections 30(2) and 30(4) of the Liquor Licence Act (“LLA”) and subsections 41(1) and 45(1) of Ontario Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on August 28, 2008 in the City of Ottawa.
2In its decision dated December 9, 2008 the Board found the Licensee violated subsection 30(4) of the LLA. Parties were directed to provide written submissions on an appropriate sanction. The Board has received and reviewed those submissions and ORDERS the Licence be suspended for a period of seven (7) consecutive days. Reasons follow.
Registrar’s Submissions
3The Registrar asks for the Licence to be suspended for seven (7) to ten (10) days on grounds that:
- This is a second offence. The Board suspended the Licence for three days in 2007 for breaching section 45(1) of the O.Reg;
- There have been two recent licence suspensions for similar circumstances to this infraction.
4The Registrar submits:
- Noting the Authorities as listed above, licence suspensions have started at seven days, when there has been no prior record;
- the Licensee has not provided a plan to ensure compliance in the future;
- the fact, that a minor was drunk on the Premises, is an aggravating factor.
Licensee’s Submissions
5The Licensee submits that a three (3) day suspension is appropriate as:
- the Authorities cited by the Registrar are not comparable to this case;
- the Board found only one violation;
- the Licensee did check identification of those who came to the bar to purchase a pitcher of beer, before serving;
- the minor was not served and therefore there was no check of identification;
- the Licensee acknowledges that it should have been more vigilant in preventing other patrons from providing a minor with alcohol.
Registrar’s Reply Submissions
6The Registrar replied that the Licensee did not adequately monitor patrons, and there have been similar infractions when the Licensee did not monitor who had possession of alcohol once it has been served.
Analysis and Reasons
7The Board has carefully considered submissions by both parties on this matter. It has concluded that a seven (7) day suspension of the Licence is appropriate.
8Underage drinking is a serious concern to this Board and to the people of Ontario. Even when a licensee has not served a minor, it is the responsibility of the licensee to ensure that alcohol is not being provided to the minor by others.
9It is clear that the Licensee did not take the necessary steps to monitor who was consuming liquor on the Premises. The establishment was not busy on the night in question and yet the Licensee did not monitor all areas of the Premises nor take any other steps to deter drinking by the minor on the Premises. This failure in responsibilities under the LLA must be taken very seriously, since all patrons who consume alcohol within a licensed establishment must be of legal age and it is the Licensee’s responsibility to monitor the entire premises to ensure compliance.
10Preventing underage drinking is an integral part of the responsibility of owners who operate within the requirements set out in the LLA. There was undisputed evidence that actions to monitor and deter were not taken. The Board agrees with Registrar’s counsel that the Licensee has a responsibility to monitor those who purchase the liquor and also to monitor those who subsequently may get possession of it.
11Owners, who fail in this responsibility under the LLA, must be held accountable by serving an appropriate sanction.
12Therefore, the Board believes that a suspension of seven (7) days is appropriate in this matter.
Order
13The Board ORDERS that liquor licence 20092 issued to 501250 Ontario Inc. operating as WALLY’S ROADHOUSE, 2532-2536 Innes Road, Gloucester, Ontario, K1B 4C5, be suspended for a period of SEVEN (7) consecutive days.
14The 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 JOAN LOUGHEED, BOARD MEMBER