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-
6664849 Canada Ltd. operating as 2000 Plus One Donuts & Deli Licensee
DECISION ON sanction
Panel: Patricia McQuaid, Vice-Chair, AGCO Joan Lougheed, Board Member
Decision Date: June 28, 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 6664849 Canada Ltd., Licensee ) JianPing Zhou, On his own behalf ) and on behalf of the Corporate ) Licensee
Allegations
A hearing into Notice of Proposal number 17525 dated September 9, 2009 to suspend liquor licence number 802546, issued to 6664849 Canada Ltd. (the “Licensee”), operating as 2000 PLUS ONE DONUTS & DELI, 1150 Ellesmere Road, Toronto, Ontario, M1P 2X4, (the “establishment”), on the basis of alleged violations of subsections 45(1) and 45(2) of the Liquor Licence Act (the “LLA”) and section 25 and subsections 34(1) and 44(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on February 22, 2010 in the City of Toronto.
In its decision dated April 29, 2010 and amended on April 30, 2010, the Board found the Licensee contravened subsection 45(2) of the LLA and section 25 and subsection 34(1) of the O.Reg, and dismissed the allegations of violations of subsection 45(1) of the LLA and subsection 44(1) 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
The Board has carefully reviewed the submissions on sanction and notes that the Licensee, Mr. JianPing Zhou, has owned the establishment since January 2007 and that this is the first time he has been before the Board since becoming a Licensee.
In making a determination of specific and general deterrence, the Board finds that a suspension of seven days is appropriate. Reasons follow.
The Registrar sought a seven to ten day suspension as a matter of general and specific deterrence, stating that the Licensee did not present evidence respecting any corrective action to ensure infractions do not take place again, nor did he present any evidence relating to discipline of the employee who was working on the day the infractions occurred.
Mr. Zhou, in his submissions, stated his objections to the Decision of April 30, 2010 as made by the Board and stated he denies the violations. In his submission, since the charges were unjust, no suspension should be ordered.
The Board rejects the Licensee’s suggestion of a biased and unjust decision. Mr. Zhou sought in his submissions to re-argue the issues at the hearing. The Board’s decision stands as issued. Neither does the Board agree with the suggestion of the Registrar for a possible 10 day suspension.
In deciding on the appropriate disciplinary action in a particular case, the Board considers many factors. One of those factors is a prior disciplinary history. Another factor is actions that have been taken to ensure infractions will not take place again.
In this instance, the Licensee, in business since 2007, has not been before the Board before.
The Board, however, takes these violations seriously. Sale and service of alcohol before or after legislated hours, removal of beer from the premises or allowing beer to be brought onto the premises are the responsibility of the Licensee and his staff to monitor and prevent.
The Board’s concerns relate to the Licensee’s failure to present a plan to prevent a recurrence, in supervising or disciplining his staff to ensure that the incidents do not occur when he is absent from the premises and his failure to clearly understand his obligations and responsibilities as a licence holder.
Measures to ensure future compliance are important factors the Board considers in determining sanction. This Licensee has offered no concrete steps to be taken to ensure future compliance.
Therefore, the Board FINDS that a seven day suspension is appropriate, from the standpoint of specific and general deterrence.
Order
Therefore, the Board ORDERS that liquor licence number 802546, issued to 6664849 Canada Ltd., operating as 2000 PLUS ONE DONUTS & DELI, 1150 Ellesmere Road, Toronto, Ontario, M1P 2X4, be suspended for seven (7) 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 this decision.
DATED AT TORONTO THIS 28th DAY OF June , 2010
PATRICIA MCQUAID, VICE-CHAIR JOAN LOUGHEED, BOARD MEMBER