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-
2186175 Ontario Inc. operating as Shannon’s Pub Licensee
DECISION ON SANCTION
Panel: David C. Gavsie, Chair, AGCO Alex McCauley, Board Member
Decision Date: August 9, 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 2186172 Ontario Inc., Licensee ) Shannon McCullough, On her own behalf and on behalf of the corporate licensee
Allegations
1A hearing into Notice of Proposal (“NOP”) number 17825 dated January 27, 2010, to suspend liquor licence number 24938, issued to 2186172 Ontario Inc. (the “Licensee”), operating as SHANNON’S PUB, 266 Main Street East, Hawkesbury, Ontario, K6A 1A5, (the premises”), on the basis of an alleged violation of subsection 45(2) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act (the “LLA”), was held on April 19, 2010 in the City of Ottawa.
2In its decision dated April 29, 2010 the Board found the Licensee contravened subsection 45(2) 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 the Registrar’s Representative and the reply and apology of the Licensee.
4The Board considers the offence of the Licensee that of breaching subsection 45(2) of the O.Reg, very serious. The Licensee blatantly offered a controlled substance, marijuana, to an undercover police officer.
5The mitigating factor in all of this is that the Licensee has had no prior breaches of the LLA. In addition, she appeared to be very remorseful for her actions.
6The Registrar is asking for a licence suspension of 35 to 40 days. The Licensee indicated that she was prepared to accept the Board’s decision in this regard.
7The Board feels that as a matter of specific and general deterrence a suspension of the liquor licence of 30 days is appropriate.
Order
8Therefore, the Board ORDERS that liquor licence number 24938, issued to 2186172 Ontario Inc., operating as SHANNON’S PUB, 266 Main Street East, Hawkesbury, Ontario, K6A 1A5, be suspended for THIRTY (30) 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 9th DAY OF August , 2010
DAVID C. GAVSIE, CHAIR, AGCO ALEX MCCAULEY, BOARD MEMBER