Registrar, Alcohol and Gaming Commission of Ontario v. A. Euteneier Limited, 2010 CanLII 80945

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-

A. Euteneier Limited operating as West Seven Licensee

DECISION

Panel: Alex McCauley, Board Member Joan Lougheed, Board Member

Decision Date: November 16, 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 ) Phillip Morris, Representative A. Euteneier Limited, Licensee ) Norman Groot, Representative

[1]. A hearing into Notice of Proposal (“NOP”) number 17823 dated January 18, 2010 to suspend a licence, NOP number 18013 dated April 16, 2010 to revoke a licence and NOP number 18120 dated June 8, 2010 to revoke liquor licence number 202857 (the “licence”) issued to A. Euteneier Limited (the “Licensee”) operating as WEST SEVEN, 530 Guelph Street, Town of Halton Hills, Norval, Ontario, L0P 1K0, on the basis of alleged violations of section 29 and subsections 30(4), 45(1) and 45(2) of the Liquor Licence Act (the “LLA”) and sections 43, 45.1 and 45.2 and subsections 34(1), 41(1) and 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on November 15, 2010 in the City of Toronto.

[2]. Mr. Morris and Mr. Groot submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision. It was agreed and admitted that:

1. On October 5, 2008, there were drunken patrons in the licensed premises. The patrons were brought to the attention of staff who did not evict them but merely placed wrist bands on them. The patrons removed the wrist bands and were then served liquor by the Licensee’s staff.

2. On March 29, 2009, a minor had liquor in the licensed premises.

3. On April 11, 2009, a fight occurred outside the licensed premises. On October 11, 2009, a large fight occurred outside the licensed premises. On February 20, 2010, a patron caused damage to the property of another person in the parking lot.

4. On May 10, 2009, a drunken patron became involved in a fight in the licensed premises.

5. On May 24, 2009, there were 606 people in an area licensed for 450 people.

6. On June 7, 2009, a patron became drunk in the licensed premises. On July 12, 2009, drunken patrons were in the licensed premises. On February 7, 2010, there was a drunken patron in the licensed premises. On January 24, 2010, there were 2 drunken patrons in the licensed premises. On January 30, 2010, there was a drunken patron in the licensed premises.

7. On February 14, 2010, there was a drunken patron in the licensed premises who removed liquor from the licensed premises. The Licensee’s security staff took a video of the incident but refused to provide it to the inspector. The Licensee later erased the video.

8. On March 7, 2010, a drunken patron was assaulted in the licensed premises. Security failed to assist the individual who required medical care. The patrons exiting the premises created an issue of control which was not addressed by management and permitted further confrontation and disorderly conduct. There were other drunken patrons in the licensed premises. The security head refused to provide information to the police or to facilitate the investigation being carried out.

[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 and subsections 30(4), 45(1) and 45(2) of the LLA and sections 43, 45.1 and 45.2 and subsections 34(1) and 45(1) of the O.Reg 719/90. The Board accepted the withdrawal of the remaining allegations.

Order

[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 202857 issued to A. Euteneier Limited operating as WEST SEVEN, 530 Guelph Street, Town of Halton Hills, Norval, Ontario, L0P 1K0, be SUSPENDED for SIXTY (60) consecutive days to COMMENCE at 11:00 a.m. on November 18, 2010, and CONTINUE until 2:00 a.m. on January 17, 2011.

[5]. Further the Board ORDERS the following:

1. In the event that a transfer application is not filed by the end of the business day on January 16, 2011, the licence shall be deemed surrendered.

2. If a transfer application is filed during the 60 day period and a contracting out agreement issued, the transferee may operate at the end of the suspension period. If a Notice of Proposal is issued to refuse the transfer of licence, the Licensee shall not operate while the NOP is being processed. If the transferee chooses not to operate while the application is being processed, the Licensee shall not operate.

3. In the event that the transfer application is withdrawn or refused by the Registrar or the Board, the Licensee shall be deemed by this agreement to have surrendered the licence on the date of the withdrawal or refusal.

DATED AT TORONTO THIS 16 DAY OF November , 2010.

ALEX McCAULEY, BOARD MEMBER JOAN LOUGHEED, BOARD MEMBER

Attached

IN THE MATTER OF THE LIQUOR LICENCE ACT R.S.O. 1990, C.L.19, S. 15(1) AND 21(1)

AND IN THE MATTER OF THE LIQUOR LICENCE OF A. EUTENEIER LIMITED OPERATING AS WEST SEVEN, 530 GUELPH STREET, TOWN OF HALTON HILLS, NORVAL LICENCE NO. 202857

AND IN THE MATTER OF NOTICE OF PROPOSAL NO. 17823 ISSUED JANUARY 18, 2010

AND IN THE MATTER OF NOTICE OF PROPOSAL NO. 18013 ISSUED APRIL 16, 2010

AND IN THE MATTER OF NOTICE OF PROPOSAL NO. 18120 ISSUED JUNE 8, 2010

AGREED STATEMENT OF FACTS

The Licensee, after consultation with counsel, and the Registrar agree to the following facts:

1. On October 5, 2008, there were drunken patrons in the licensed premises. The patrons were brought to the attention of staff who did not evict them but merely placed wrist bands on them. The patrons removed the wrist bands and were then served liquor by the Licensee’s staff.

2. Based on paragraph 1, the licensee breached s. 29 of the Liquor Licence Act and s. 45(1) of Ont.Reg. 719/90.

3. On March 29, 2009, a minor had liquor in the licensed premises.

4. Based on paragraph 3, the licensee breached s. 30(4) of the Liquor Licence Act.

5. On April 11, 2009, a fight occurred outside the licensed premises. On October 11, 2009, a large fight occurred outside the licensed premises. On February 20, 2010, a patron caused damage to the property of another person in the parking lot.

6. Based on paragraph 5, the licensee breached s. 45.1 of Ont. Reg. 719/90.

7. On May 10, 2009, a drunken patron became involved in a fight in the licensed premises.

8. Based on paragraph 7, the licensee breached s. 45(1) of Ont. Reg. 719/90.

9. On May 24, 2009, there were 606 people in an area licensed for 450 people.

10. Based on paragraph 9, the licensee breached s. 43 of Ont. Reg. 719/90.

11. On June 7, 2009, a patron became drunk in the licensed premises. On July 12, 2009, drunken patrons were in the licensed premises. On February 7, 2010, there was a drunken patron in the licensed premises. On January 24, 2010, there were 2 drunken patrons in the licensed premises. On January 30, 2010, there was a drunken patron in the licensed premises.

12. Based on paragraph 11, the licensee breached s. 45(1) of Ont. Reg. 719/90.

13. On February 14, 2010, there was a drunken patron in the licensed premises who removed liquor from the licensed premises. The Licensee’s security staff took a video of the incident but refused to provide it to the inspector. The Licensee later erased the video.

14. Based on paragraph 13, the licensee breached s. 34(1) and 45(1) of Ont. Reg. 719/90 and s. 45(1) of the Liquor Licence Act.

15. On March 7, 2010, a drunken patron was assaulted in the licensed premises. Security failed to assist the individual who required medical care. The patrons exiting the premises created an issue of control which was not addressed by management and permitted further confrontation and disorderly conduct. There were other drunken patrons in the licensed premises. The security head refused to provide information to the police or to facilitate the investigation being carried out.

16. Based on paragraph 15, the licensee breached s. 45(1), 45.1 and 45.2 of Ont. Reg. 719/90 and s.45(2) of the Liquor Licence Act.

17. The licensee has shown remorse and co-operated with the Commission.

18. On Sept. 24, 2009, the Board suspended the licence for 9 days for breach of s. 29, 34(1) and 45(1) of Ont. Reg. 719/90.

JOINT SUBMISSION ON DISPOSITION

The licencee, after consultation with counsel, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:

1. The Board shall suspend licence no. 202857 for a period of 60 days commencing at 11:00 a.m. on Nov.18, 2010 and ending at 2:00 a.m. on January 17, 2011.

2. In the event that a transfer application is not filed by the end of business on January 16, 2011, the licence shall be deemed surrendered.

3. If a transfer application is filed during the 60 day period and a contracting out agreement issued, the transferee may operate at the end of the suspension period. If a Notice of Proposal is issued to refuse the licence, the Licensee shall not operate while the Notice of Proposal is being processed. If the transferee chooses not to operate while the application is being processed, the licensee shall not operate.

4. In the event that the transfer application is withdrawn or refused by the Registrar or the Board, the licensee shall be deemed by this agreement to have surrendered the licence on the date of the withdrawal or refusal.

5. The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.

DATED AT TORONTO THIS 9^TH^ DAY OF NOVEMBER, 2010.

RESPECTFULLY SUBMITTED,

Albert Euteneier – November 11, 2010 Phillip Morris for Registrar’s Counsel licensee