ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
BETWEEN:
Registrar, Alcohol and Gaming Commission of Ontario Registrar
-and-
1751436 Ontario Inc. O/A Sullie Gorman’s Licensee
DECISION ON Sanction
Panel: Guy Maurice, Board Member; Eleanor Meslin, Board Member
Decision Date: January 20, 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 1751436 Ontario Inc., Licensee: Jerry Herszkopf, Representative
Allegation
- A hearing into Notice of Proposal (“NOP”) number 17104 dated March 6, 2009 to suspend liquor licence number 90462, issued to 1751436 Ontario Inc. (the “Licensee”), operating as SULLIE GORMAN’S, 1500 Royal York Road, Etobicoke, Ontario, M9P 3B6, on the basis of alleged violations of subsection 45(2) of the Liquor Licence Act (the “LLA” or the “Act”), sections 29 and 52 and subsections 25(1) and 45(1) of Ontario Regulation 719/90 (“OR 719/90”), prescribed under the LLA, was held on July 13, August 31 and October 30, 2009 in the City of Toronto.
Decision
- In its decision of December 9, 2009, the Board found violations of section 29 and subsection 25(1) of OR 719/90. The Board declined to make findings under subsection 45(2) of the LLA and section 52 and subsection 45(1) of OR 719/90.
Registrar’s Submissions
Mr. Morris submitted that since the beer, whiskey and coke were cold to the touch, they had been served not long before 3:38 a.m., when the officer arrived and that the after hours service and consumption of liquor were contributing factors in Mr. Belanger being injured.
Mr. Morris further submitted that, as a matter of specific and general deterrence, he requested a 14 day suspension.
Licensee’s Submissions
Mr. Herszkopf submitted that:
Shannon Sullivan admitted that the Licensee had not cleared within the 45 minute time period and explained that though this was an infraction, she had secured the party room by turning off the lights and locking the doors to stop patrons from entering; and
Sullie Gorman’s had no previous record with the AGCO.
Mr. Herszkopf submitted that a short suspension would meet the requirements of specific and general deterrence.
Mr. Herszkopf requested a suspension of from one to three days.
Registrar’s Reply
The Registrar did not believe Ms Shannon’s “admission” that she had turned off the lights and locked the doors.
Her admission that she had not cleared within 45 minutes is not a mitigating factor.
Decision
The Board has carefully considered the submissions of the Registrar and the Licensee’s representative.
The Board understands that the Licensee admitted to not clearing within 45 minutes, but does not believe that Ms Sullivan had locked the doors, although the lights were off, because, according to Officer Hockaday’s evidence, Officer Hockaday was able to enter the door unimpeded and there had been no request or reason for the bartender to unlock it.
The Board does not accept the Registrar’s submission that after hours service and consumption of liquor were contributing factors in Mr. Belanger being injured. No evidence was presented linking these matters.
The Licensee has admitted responsibility for failing to clear (section 29 of OR 719/90) and selling outside prescribed hours (subsection 25(1) of OR 719/90). However, there was not sufficient evidence for findings of violations under subsection 45(1) (permit drunkenness), section 52 (failed to post) of OR 719/90 or subsection 45(2) (failure to facilitate an inspection) of the LLA.
In addition, the Licensee has no prior record of violations under the Act or Regulations.
Order
Therefore, the Board ORDERS that liquor licence number 90462, issued to 1751436 Ontario Inc., operating as SULLIE GORMAN’S, 1500 Royal York Road, Etobicoke, Ontario, M9P 3B6, be suspended for FIVE (5) 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 20th DAY OF January, 2010
GUY MAURICE, BOARD MEMBER ELEANOR MESLIN, BOARD MEMBER