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-
1646886 Ontario Inc. operating as Island Mix Restaurant & Lounge Licensee
DECISION ON SANCTION
Panel: Jacqueline Castel, Board Member Alex McCauley, Board Member
Decision Date: May 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 ) Joyce Taylor, Representative 1646886 Ontario Inc., Licensee ) Randall Barrs, Representative
Allegations
1A hearing into Notice of Proposal number 17446 dated August 14, 2009 to suspend liquor licence number 203683 (the "licence"), issued to 1646886 Ontario Inc. (the "Licensee"), operating as ISLAND MIX RESTAURANT & LOUNGE, 1050 Brock Road, Units 14 and 15, Pickering, Ontario, L1W 3X4, (the "establishment" or the "premises"), on the basis of alleged violations of subsections 45(1) and 45(2) of the Liquor Licence Act (the "LLA") and sections 29 and 52 and subsection 45(1) of Ontario Regulation 719/90 (the "O.Reg."), made pursuant to the LLA, was held on December 14, 2009 in the City of Toronto.
2In its decision dated March 26, 2010 the Board found the Licensee contravened sections 29 and 52 of the O.Reg. and dismissed the allegations of violations of subsections 45(1) and 45(2) of the LLA and subsection 45(1) of the O.Reg. The 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 the submissions of counsel regarding the appropriate sanction.
4The Board, in rendering its original decision, dismissed the more serious allegations under subsections 45(1) and (2) of the LLA and subsection 45(1) of the O.Reg.
5The finding by the Board of a breach of section 29 of the O. Reg., for failing to clear signs of service and consumption before 2:45 a.m., is nevertheless considered by the Board to be serious, in the circumstances. This was not a minor case of neglecting to clear one or two signs of service. Based on the evidence, there were numerous signs of service in various locations in the establishment and there was no evidence that staff had begun clearing the signs of service prior to the arrival of the inspectors at 3:02 a.m.
6The Board dismisses as speculation Mr. Barrs' contention that the persons in the licensed premises at the time were relatives. In any event, as Mr. Barrs acknowledged, this is no excuse and has no mitigating effect on the sanction.
7There were no other extenuating circumstances for the contravention of section 29 or 52 of the O.Reg., the latter contravention being less serious in nature.
8There is no evidence before the Board of any other contraventions regarding this licensed establishment and the Board notes that this Licensee has not appeared before the Board previously. The Board weighed the Licensee's prior compliance record, when determining the appropriate sanction. The Board chose not to speculate on the future good conduct of this Licensee as posed by Mr. Barrs or by Ms Taylor, regarding alleged pending infractions.
9As a matter of specific and general deterrence, and considering all the circumstances, the Board FINDS that a four day suspension is appropriate.
Order
10Therefore, the Board ORDERS that liquor licence number 203683, issued to 1646886 Ontario Inc., operating as ISLAND MIX RESTAURANT & LOUNGE, 1050 Brock Road, Units 14 and 15, Pickering, Ontario, L1W 3X4, be suspended for FOUR (4) consecutive days.
11The 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 MAY , 2010
JACQUELINE CASTEL, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER