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-
719151 Ontario Limited O/A Ulster Arms Tavern Licensee
DECISION ON SANCTION
Panel: Allan Higdon, Board Member Alex McCauley, Board Member
Decision Date: August 7, 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 719151 Ontario Limited, Licensee: Giuseppe Lodato, on behalf of the corporate licensee
Allegations
A hearing into a Notice of Proposal (“NOP”) number 17100 dated March 6, 2009, to suspend liquor licence number 91719 (the “Licence”) issued to 719151 Ontario Limited (the “Licensee”) operating as ULSTER ARMS TAVERN, 1345 Gerrard Street, Toronto, Ontario, M4L 1Y8 (the “establishment” or “premises”), on the basis of alleged violations of section 29 and subsections 45(1) and 45(2) of the Liquor Licence Act (“LLA”) and subsection 45(1) of Ontario Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on May 26, 2009 in the City of Toronto.
In its decision dated July 16, 2009, the Board found the Licensee violated section 29 and subsection 45(2) of the LLA 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 the submissions of the Registrar. The Licensee declined to file submissions on sanction. Therefore, the Board has made its decision without further delay.
Decision On Sanction
The matter decided by the Board related to incidents at the licensed premise on January 10, 2009. The Board made findings against the Licensee for breaches of subsection 45(1) of the O.Reg, section 29 and subsection 45(2) of the LLA.
Mr. Kulis advises that the Licensee has had no prior disciplinary events and has had a liquor licence since 1992.
The Board shares the concern of Mr. Kulis regarding the confrontational characteristics displayed by the Licensee, not only on the night in question with AGCO Inspectors but at times at the hearing itself. The Licensee must deal in a professional manner with those persons responsible for ensuring compliance with the various statutes which regulate the sale and service of alcohol. The contempt shown for the two female inspectors by the Licensee in his interactions with them on the night in question was indeed shocking and can not be tolerated.
Mr. Kulis has asked for a suspension of 21 to 30 days. He indicates that a strong message of specific deterrence for the behavior of the Licensee must be a factor in the determination of sanction in order to ensure the behavior displayed by the Licensee towards the inspection team does not recur.
The Board agrees with the submissions of Mr. Kulis. In its determination of sanction against the Licensee the Board, however, has also considered the good previous history of the Licensee.
Order
The Board orders that liquor licence number 91719 issued to 719151 Ontario Limited operating as ULSTER ARMS TAVERN, 1345 Gerrard Street, Toronto, Ontario, M4L 1Y8, be suspended for a period of TWENTY-ONE (21) 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 7th DAY OF AUGUST, 2009.
ALLAN HIGDON, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER