Registrar, Alcohol and Gaming Commission of Ontario v. Shooters Sports Bar Inc., 2010 CanLII 36781

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 Licensee

-and-

Shooters Sports Bar Inc. operating as Shooters Sports Bar Licensee

DECISION ON SANCTION

Panel: Beryl Ford, Board Member Allan Higdon, Board Member

Decision Date: May 10, 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 Shooters Sports Bar Inc., Licensee: Clive Preddie, On his own behalf and on behalf of the Corporate Licensee

Allegations

1A hearing into Notice of Proposal number 17175 dated April 15, 2009 to suspend liquor licence number 804183, issued to Shooters Sports Bar Inc. (the “Licensee”), operating as SHOOTERS SPORTS BAR, 980 Central Park Drive, Unit 10, Brampton, Ontario, L6S 3L7 (the premises”), on the basis of an alleged violation of subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg.”), made pursuant to the Liquor Licence Act (the “LLA” or the “Act”), was held on December 14, 2009 and March 16, 2010 in the City of Toronto.

2In its decision dated April 22, 2010, the Board found the Licensee violated subsection 45(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

3Registrar's Counsel in his submissions stated the Licensee had recently received a sanction of a 16 day suspension due to three drunken patrons found on the premises in January 2008.

4In this incident, a drunken patron was found on the premises in January 2009. The Licensee has clearly failed to implement policies that would prevent a repetition of drunken patrons on the premises in spite of the earlier disciplinary proceeding. A strong specific deterrent of 14 days suspension is required.

Licensee’s Submissions

5The Licensee replied that he had just received the 16 day suspension so was not deserving of yet another suspension. If both incidents had been dealt with through one hearing a total sanction of a 16 day suspension for both would have been appropriate. As well, the Licensee has instructed staff and instituted policies in concert with the Act, as well as maintaining a daily journal and participating in regular staff meetings.

Registrar’s Reply Submissions

6There were no reply submissions from the Registrar.

Decision on Sanction

7The Board specifically rejects the Licensee’s suggestion that as he received a 16 day suspension from another panel in another recent hearing, this hearing should not result in a licence suspension. There is nothing before the panel to suggest that the Licensee, who has appeared before the Board on various previous occasions, ever requested for the two matters to be joined to be heard together in one hearing.

8When Alcohol and Gaming Commission of Ontario inspectors entered the premises they observed a man with his head in his hands who, in the opinion of the inspectors, showed obvious and significant signs of intoxication.

9The Board determined that the patron was intoxicated.

10The Board therefore concludes that notwithstanding the Licensee’s assertion that he had certain policies and procedures in place, insufficient measures were put in place to prevent a repetition of the January 2008 incident.

11The second occurrence of a drunken patron on the premises within a year is a serious matter and shows a lack of vigilance in enforcing the provisions of the LLA.

12Public safety demands that these provisions be taken seriously by licensees.

13The Board therefore considers a fourteen day suspension appropriate in this case, as an act of specific and general deterrence.

Order

14Therefore, the Board ORDERS that liquor licence number 804183, issued to Shooters Sports Bar Inc., operating as SHOOTERS SPORTS BAR, 980 Central Park Drive, Unit 10, Brampton, Ontario, L6S 3L7, be suspended for FOURTEEN (14) consecutive days.

15The 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.