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-
1749696 Ontario Inc. operating as Main’s Mansion Restaurant & Bar
Licensee
DECISION ON SANCTION
Panel: Allan Higdon, Board Member Eleanor Meslin, Board Member
Decision Date: February 19, 2010
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto, Ontario 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 1749696 Ontario Inc., Licensee ) Jerry Levitan, Representative
Allegations
1A hearing into Notice of Proposal (“NOP”) number 17246 dated May 13, 2009 to suspend liquor licence number 800399 (the “licence”), issued to 1749696 Ontario Inc. (the “Licensee”), operating as MAIN’S MANSION RESTAURANT & BAR, 144 Main Street, Unit # 18, Markham, Ontario, L3P 5T3, (the “establishment” or the “premises”), on the basis of alleged violations of 30(4) of the Liquor Licence Act (the “LLA”) and section 45.1 and subsections 34(1) and 45(1) of Ontario Regulation 719/90 (the “O.Reg.”), prescribed under the LLA, was held on November 2, 2009, in the City of Toronto.
2In its decision of January 21, 2010, the Board found the Licensee breached section 45.1 and subsection 45(1) of the O.Reg and subsection 30(4) of the LLA. The Board declined to find that the Licensee committed a breach of subsection 34(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
3Counsel for the Registrar noted no prior disciplinary measures have been taken against the Licensee. However, a large disturbance took place that began on the premises and spilled out into the street. Numerous police officers were required to contain the event.
4Given that the Board found three serious violations, a twelve day (12) day suspension would be appropriate.
Licensee’s Submissions
5Licensee Counsel stated the crisis was unexpected and occurred outside the establishment. Problematic patrons were ejected. Other establishments contributed to the problem. The Licensee has taken remedial action to ensure no repetition of the problem and there has been no trouble since. A minimum sentence would be sufficient.
Decision on Sanction
6The Board considers the incident that took at Main’s Mansion to be very serious. It is most fortunate that a strong police response prevented serious injury and that no weapons were involved. A fight started on the premises and a very large and aggressive crowd soon developed that security was unable to contain. In addition, a minor was admitted to the premises, was served liquor, and received an injury when the back of her head was struck by a flying chair.
7The Board notes the Licensee has no prior record with the Commission and has taken remedial action to prevent a repetition of an incident.
8The Board therefore considers that a seven day (7) suspension would be appropriate, given the serious nature of the incident.
Order
9The Board ORDERS that liquor licence number 800399, issued to 1749696 Ontario Inc., operating as MAIN’S MANSION RESTAURANT & BAR, 144 Main Street, Unit # 18, Markham, Ontario, L3P 5T3, be suspended for SEVEN (7) consecutive days.
10The 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 this decision.
DATED AT TORONTO THIS 19th DAY OF February , 2010
ALLAN HIGDON, BOARD MEMBER ELEANOR MESLIN, BOARD MEMBER