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-
882215 Ontario Inc. operating as Reggie’s Place Tavern
Licensee
DECISION ON SANCTION
Panel: David C. Gavsie, Chair, AGCO Kirsti Hunt, Vice Chair, AGCO
Decision Date: August 26, 2010
Hearing Location: Sault Ste. Marie, 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 Rena Khan, Representative for submissions
882215 Ontario Inc., Licensee Donald Orazietti, Representative
Allegations
1A hearing into Notice of Proposal 17531 dated September 16, 2009 (the “NOP”) to suspend liquor licence 91223 (the “Licence”), issued to 882215 Ontario Inc. operating as REGGIE’S PLACE TAVERN (the “Licensee”), 458 Queen Street East, Sault Ste. Marie, Ontario, P6A 1Z7, (the “Premises”), on the basis of alleged violations of section 29 of the Liquor Licence Act (the “LLA”) and subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act, was held on April 13, 2010, in the City of Sault Ste. Marie.
2In its decision dated July 16, 2010, the Board found the Licensee violated subsection 45(1) of the O.Reg on December 13, 2008 regarding two patrons, and accepted the withdrawal of an allegation of a violation of section 29 of the LLA. The parties were directed to provide written submissions as to an appropriate sanction. The Board has received and reviewed those submissions.
Decision on Sanction
3The Board first notes that in the NOP, the Registrar was seeking a 14 day suspension of the Licence based on alleged violations of both section 29 of the LLA and of subsection 45(1) of the O.Reg. The Registrar withdrew the former at the hearing.
4The Registrar’s Representative in her submissions is seeking a 14 day suspension.
5The Licensee’s Representative in his submissions states that a three day suspension is appropriate.
6A sanction imposed by the Board is a matter of specific and general deterrence.
7While the Board made findings that two individuals were intoxicated and permitted to be on the premises, the Board also heard evidence from Mr. Daigle about the long hours he works a week, that he has a list of over 1,300 people who are barred from entering the establishment, and that if someone acted up, they became persona non grata in the premises.
8Mr. Daigle admitted he has had warnings before, but no evidence was presented to indicate the Licence had ever been suspended.
9Given the above, the Board finds that a five (5) day suspension of the Licence would be appropriate as a matter of both specific and general deterrence.
10The 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 26th DAY OF August ,2010
DAVID C. GAVSIE, CHAIR, AGCO KIRSTI HUNT, VICE-CHAIR, AGCO