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-
2164874 Ontario Inc. operating as U Lounge Licensee
DECISION ON SANCTION
Panel: Kirsti Hunt, Vice-Chair, AGCO Allan Higdon, Board Member
Decision Date: March 25, 2011
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: Rena Khan, Representative 2164874 Ontario Inc., Licensee: Binbin Ping, On behalf of the Licensee
Allegations
1The Board of the Alcohol and Gaming Commission of Ontario held a hearing into Notice of Proposal number 18077 dated May 18, 2010 to suspend liquor licence number 809558 (the "licence") issued to 2164874 Ontario Inc. (the "Licensee"), operating as U Lounge, 7381 Kennedy Road, Unit # 105, Markham, Ontario, L3R 5B5 on the basis of alleged violations of section 29 and subsection 25(1) of Ontario Regulation 719/90 (the "O.Reg") made pursuant to the Liquor Licence Act (the "LLA"), was held on September 7, 2010 in the City of Toronto.
2In its decision of January 12, 2011, the Board made a finding of a breach of section 29 of the O.Reg and dismissed the allegation under 25(1) of the O.Reg. Parties were asked to submit written submissions on sanction.
Registrar's Submissions
3The Registrar's representative submitted that there were a large number of patrons with alcohol in front of them, both beer bottles and a glass with alcohol in it. Staff only started to clear when the Inspector entered the premises at approximately 3:07 a.m. Based on the facts, a fourteen (14) day suspension is appropriate as a matter of general and specific deterrence.
Licensee's Submissions
4The Licensee did not forward any submissions despite two extensions to timelines that were granted by the Board.
Decision on Sanction
5In normal circumstances where a Licensee does not make submissions regarding penalty, the Board would accept the period of sanction proposed by the Registrar. In this case, however, the Board is not prepared to do that for the following reasons.
6The Notice of Proposal was issued on the basis of alleged violations of section 29 and subsection 25(1) of the O.Reg with a proposed suspension period of 14 days. The Board made a finding of a violation of section 29 of the O.Reg but dismissed the allegation under subsection 25(1) of the O.Reg. Therefore, a 14-day suspension is not appropriate in relation to the one finding made.
7In considering an appropriate period of suspension, the Board notes that the Licensee did not dispute the alleged violation under section 29 of the O.Reg. It also notes that there were a large number of people in the premises with alcohol still in front of them at 3:07 a.m., more than 20 minutes after all signs of sale and service should have been cleared. The Board does not weigh as a negative the fact that the licence holder did not forward submissions on sanction given that it has no information as to the reasons for the omission.
8The Board finds that in the specific circumstances of this case, a seven (7) day suspension is appropriate as a general as well as a specific deterrence.
Order
9Therefore, the Board ORDERS that liquor licence number 809558 issued to 2164874 Ontario Inc. operating as U Lounge, 7381 Kennedy Road, Unit # 105, Markham, Ontario, L3R 5B5, be SUSPENDED for a period of seven (7) consecutive days.
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 25th DAY OF March, 2011
KIRSTI HUNT, VICE-CHAIR, AGCO ALLAN HIGDON, BOARD MEMBER