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-
Sijan Plaza Restaurant Ltd. O/A Sijan Plaza Restaurant Licensee
DECISION ON SANCTION
Panel: Allan Higdon, Board Member Alex McCauley, Board Member
Decision Date: July 17, 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 Sijan Plaza Restaurant Ltd., Licensee ) Robert Rothman, Representative
[1]. A hearing into a Notice of Proposal (“NOP”) number 16926 dated December 17, 2008 to suspend liquor licence number 21050 (the “Licence”) issued to Sijan Plaza Restaurant Ltd. (the “Licensee”) operating as SIJAN PLAZA RESTAURANT, 25 John Street, Unit 4, Mississauga, Ontario, L5A 1Y5 (the “premises” or “establishment”), on the basis of alleged violations of subsections 45(1), 31(1)(c) and 33(1) of Ontario Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”), was held on April 29, 2009 in the City of Toronto.
[2]. In its decision dated May 27, 2009, the Board found the Licensee violated subsections 45(1) and 31(1)(c) of the O.Reg and dismissed the allegation of a breach of subsection 33(1) of the O.Reg. Parties were directed to provide written submissions on an appropriate sanction. The Board has received and reviewed those submissions.
Decision On Sanction
[3]. The Board notes that the Licensee has had no prior disciplinary issues regarding its liquor licence.
[4]. The Board agrees with the submissions of the Registrar, that there was a substantial quantity of off-licence beer purchased. The Board is concerned that the Licensee went to elaborate measures to explain the purchase of this off-licence beer. The evidence of the Licensee’s witness in this matter was not credible and by tacitly supporting this evidence the Licensee attempted to mislead the Board.
[5]. The Board disagrees with the Licensee’s submissions that “[no] member of the public was affected by any of the three persons who had consumed too much alcohol….”, the over-consumption of alcohol can have very negative effects on people or those around them.
[6]. The purchase of off-licence alcohol is not as minor an offence as the Licensee’s Representative would suggest. The purchase of 28-packs is not permitted and by purchasing this discounted beer the Licensee obtained a monetary and competitive advantage over law abiding licence holders.
[7]. Based on the previous good conduct of the Licensee the Board considers that a 14 day suspension of the liquor licence, as requested by the Registrar, would be excessive. The Board sees the offences committed by the Licensee as serious and, as stated, is concerned about the manner in which the Licensee attempted to explain the purchase of off-licence liquor.
Order
[8]. Therefore, the Board ORDERS that liquor licence number 21050 issued to Sijan Plaza Restaurant Ltd. operating as SIJAN PLAZA RESTAURANT, 25 John Street, Unit 4, Mississauga, Ontario, L5A 1Y5, be suspended for a period of TEN (10) consecutive days.
[9]. 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 17th DAY OF JULY, 2009
ALLAN HIGDON, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER