Registrar, Alcohol and Gaming Commission of Ontario v. 1197801 Ontario Inc., 2010 CanLII 9839

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-

1197801 Ontario Inc. operating as Body English Licensee

ORDER

Panel: Brian J. Ford, Board Member Joan Lougheed, Board Member

Decision Date: January 27, 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 1197801 Ontario Inc., Licensee: Randall Barrs, Representative

Allegations

1A hearing into Notice of Proposal number 17826 dated January 15, 2010 to revoke a liquor licence and an Order dated January 15, 2010 to immediately suspend on an interim basis liquor licence number 100072 (the "licence"), issued to 1197801 Ontario Inc. (the "Licensee"), operating as BODY ENGLISH, 1325 Eglinton Avenue East, Units 1 to 6, Mississauga, Ontario, L4W 4L9 (the "establishment" or the "premises"), on the basis of alleged violations under section 6 of the Liquor Licence Act (the "LLA") and section 45.2 and subsections 45(1) and 45(2) of Ontario Regulation 719/90 (the "O.Reg") under the LLA, was held on January 21, 2010 in the City of Toronto.

Order

2The Registrar had ordered on January 15, 2010, that an Interim Suspension be placed on the licence in the interest of public safety, subject to an Order by the Board of the Alcohol and Gaming Commission of Ontario.

3The Board did a preliminary review of the Security Assessment (Exhibit 2) which was presented by the Licensee at this hearing. This document has not had the full analysis and review by the Registrar and in our view, is not in and of itself sufficient, and furthermore, it has not been fully implemented. As well, throughout the testimony of witnesses today, the plan was being modified to enable a more secure approach. The responsiveness of the Licensee has been noted by the Board.

4The Board is concerned that a patron was injured and there was no evidence of an organized response; there does not appear to be a detailed evacuation plan or system in place to secure the area if such an incident occurs.

5In light of the serious nature of the incidents involving gun violence, public safety must central to any considerations relating to public interest. This plan in its present form is a Security Assessment and does not adequately address a number of concerns that would instill public confidence and satisfy the public interest.

6The Board commends the Licensee's efforts to date, but continued work and additional detail is needed for a solid plan to be developed and implementation to be completed in key areas, including the training of the security staff and developing policies such as a dress code.

7The Board supports all of the proposed conditions as presented, including:

1. Every patron must be physically searched;
2. Metal detectors must be utilized on every patron;
3. Changes to security staffing and management including hiring of a new security manager;
4. Permanent exit door alarms to be installed;
5. Increased lighting in club areas to be implemented to the satisfaction of the Registrar;
6. Training sessions to be completed for all security staff and a plan be in place for ongoing training to the satisfaction of the Registrar;
7. Face level cameras to be installed at entry areas;
8. Signage to be posted advising patrons of video surveillance;
9. All security staff must be in radio contact during the hours the premises is open for business.

8Mr. Kulis made submissions that the assessment, as presented, was a good start, but insufficient to maintain public safety on the premises. He requested that the Interim suspension remain in place until the work needed is complete. The Board agrees that the suspension should remain in place until all key areas are completed to the satisfaction of the Registrar, including the completion and implementation of a security plan, and having a dress code policy in place.

9The Board, having heard the evidence to date and having considered the submissions of the parties, ORDERS that it is in the public interest that the Interim Suspension currently in place on liquor licence number 100072 (the "licence"), issued to 1197801 Ontario Inc. (the "Licensee"), operating as BODY ENGLISH, 1325 Eglinton Avenue East, Units 1 to 6, Mississauga, Ontario, L4W 4L9, remain in effect, until the conditions listed in paragraphs 7 and 8 have been met and implemented to the satisfaction of the Registrar.

10Further, the Board ORDERS that the following conditions be attached to the licence:

1. Every patron must be physically searched;
2. Metal detectors must be utilized on every patron;
3. Permanent exit door alarms to be installed;
4. Ongoing training sessions to be completed for all security staff;
5. Face level cameras to be installed at entry areas;
6. Signage to be posted advising patrons of video surveillance;
7. All security staff must be in radio contact during the hours the premises is open for business.

DATED AT TORONTO THIS 27th DAY OF January, 2010