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 of Ontario (Registrar)
-and-
6217788 Canada Inc. operating as Section 222/Lotus Lounge (Licensee)
DECISION on sanction
Panel: David C. Gavsie, Chair, AGCO Alex McCauley, Board Member
Decision Date: March 16, 2010 Hearing Location: Ottawa, 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 ) Joyce Taylor, Representative 6217788 Canada Inc., Licensee ) Michael Smith, Representative
Allegations
1A hearing into Notice of Proposal (“NOP”) number 16522 dated July 24, 2008 to suspend liquor licence number 21421 (the “licence”) issued to 6217788 Canada Inc. (the “Licensee”), operating as SECTION 222/LOTUS LOUNGE, 222 Slater Street, Ottawa, Ontario, K1P 5H8, on the basis of alleged violations of sections 43, 45.1 and 45.2 and subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act (the “LLA”) was held on July 24, September 8, October 1, and October 15, 2009 in the City of Ottawa.
2In its decision dated January 12, 2010 the Board found the Licensee breached sections 43 and 45.2 of the O.Reg and dismissed the allegation of violations of section 45.1 and subsection 45(2) 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
3The Board has reviewed carefully all the submissions of counsel relative to the appropriate sanction against the Licensee for the infractions committed. The Board agrees with the Registrar’s Representative that the breaches by the Licensee were indeed serious. The Board further, as evidenced by its decision, agrees that the control of the licensed premises by Mr. Abraham was clearly lacking but stops short of concluding that the unfortunate injury to Sgt. Lapointe was directly linked to that fact.
4The Board is concerned about the prior record of this Licensee and agrees with Ms Taylor, that the facts from the earlier breaches which resulted in sanctions against this Licensee very closely mirror the events the Board dealt with in the current situation.
5The Board agrees with Ms Taylor that there was never any evidence entered by the Licensee referencing NNG Enterprises and as such the Board will only take notice of the comment by the Licensee at the hearing that changes were being made.
6The Licensee needs to ensure that he is capable of properly managing a licensed premises. He must ensure that the appropriate staff are in place and that he, the Licensee, has the appropriate training and capabilities to manage such an establishment.
7Any sanction imposed by the Board should reflect the severity of the breaches found by the Board as well as providing specific deterrence. These factors are not reflected in the submissions by Mr. Smith, in his submission suggesting a suspension of 15 days.
Order
8Based on all of the information provided and the seriousness of the breaches as well as the previous record of this Licensee, the Board orders liquor licence number 21421, issued to 6217788 Canada Inc., operating as SECTION 222/LOTUS LOUNGE, 222 Slater Street, Ottawa, Ontario, K1P 5H8, be suspended for EIGHTEEN (18) consecutive days.
9The 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 16th DAY OF March, 2010
DAVID C. GAVSIE, CHAIR, AGCO ALEX MCCAULEY, BOARD MEMBER