Registrar v. 2213992 Ontario Limited, 2011 CanLII 31196

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-

2213992 Ontario Limited, operating as Dragon’s Den Sports Bar Licensee

ORDER

Panel: Brian Ford, Board Member Alex McCauley, Board Member

Decision Date: May 2, 2011 Hearing Location: Thunder Bay, Ontario

Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON 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 ) Tamara Brooks, Representative 2213992 Ontario Limited, Licensee ) Gino Arnone, Representative

Allegations

1. A hearing into Notice of Proposal (“NOP”) number 17872 dated February 12, 2010, to suspend a licence, NOP number 18625 dated April 2, 2011 to revoke a licence and an Order dated April 2, 2011 to immediately suspend a liquor licence on an interim basis to liquor licence number 806061 (the “Licence”), issued to 2213992 Ontario Limited (the “Licensee”), operating as DRAGON’S DEN SPORTS BAR, 1010 Dawson Road, Thunder Bay, Ontario, P7B 5J4, on the basis of alleged violations of clause 6(2)(d) and section 29 of the Liquor Licence Act (the “LLA”) and sections 45.1 and 45.2, and subsections 34(1) and 45(1) of Ontario Regulation 719/90 (the “O.Reg”), made pursuant to the LLA, was held on April 28, 2011 in the City of Thunder Bay.

Reasons and Order

2. Based on the evidence before it, and after hearing submissions by the parties’ representatives, the Board is of the view that the lifting of the interim suspension order for the licensed premises, subject to conditions, will ensure that public safety should not be compromised.

3. The Board therefore ORDERS that the Interim Suspension Order dated April 2, 2011 placed on liquor licence number 806061 issued to 2213992 Ontario Limited, operating as DRAGON’S DEN SPORTS BAR, 1010 Dawson Road, Thunder Bay, Ontario, P7B 5J4, be RESCINDED, subject to the following conditions which shall attach to the licence:

1. The Licensee shall install cameras inside the licensed premises and at least one outside the licensed premises in the parking lot, capable of recording. Such recording shall be kept for 30 days and be available by request for the police and AGCO;

2. The Licensee shall have a regular occurrence book which will be maintained, reviewed and initialled by management. This book shall record all unusual occurrences. Such book shall be available by request for the police and AGCO;

3. Mr. Komar will ensure the expeditious hiring of a competent manager;

4. Mr. Komar or Darlene Trelinski will be available on evenings at key times when the bar is open. This may be supplemented on occasion by the future manager;

5. Efforts will be made to ensure ongoing training for management and staff, and when and where possible, this training will involve members of the AGCO and Thunder Bay police;

6. There shall be at least TWO (2) persons on duty at all times in the bar when it is open; and

7. Signage shall be placed in the licensed premises to deter persons from operating a motor vehicle when under the influence alcohol.

4. In addition to this, the Board having made findings of violations of section 29 of the LLA and sections 45.1 and 45.2, and subsections 34(1) and 45(1) of the O.Reg, ORDERS that the licence be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11 a.m. on April 29, 2011 and CONTINUE until 2 a.m. on May 13, 2011. The Board accepted the withdrawal of the allegation of a violation of clause 6(2)(d) of the LLA.

5. Reasons for the Order will follow.

DATED AT TORONTO THIS 2 DAY OF MAY , 2011.

BRIAN FORD, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER