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-
1499532 Ontario Inc. operating as Nikki’s Sports Gallery Licensee
DECISION ON SANCTION
Panel: Kirsti Hunt, Vice-Chair, AGCO Alex McCauley, Board Member
Decision Date: April 14, 2011
Hearing Location: Timmins, 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
1499532 Ontario Inc., Licensee ) Michael Labelle Representative
Allegations
A hearing into Notice of Proposal number 18185 dated July 5, 2010 to suspend liquor licence number 803511 (the “licence”) issued to 1499532 Ontario Inc. (the “Licensee”) operating as NIKKI’S SPORTS GALLERY, 14 Mountjoy Street South, Timmins, Ontario, P4N 1S4, (the “establishment” or the “premises”), on the basis of alleged violations of section 45.1 and subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg.”) made pursuant to the Liquor Licence Act (the “LLA”), was held on December 8, 2010 in the City of Timmins.
In its decision dated January 17, 2011 the Board found that the Licensee contravened section 45.1 and subsection 45(1) of the O.Reg. Parties were directed to provide written submissions on an appropriate sanction. The Board has received and reviewed those submissions.
Decision on Sanction
The Board has reviewed the submissions of counsel relative to its findings under section 45.1 and subsection 45(1) of the O.Reg.
The Board agrees with the Registrar’s Representative that the matter leading to the Board’s findings were in fact serious. Failing to monitor Ms Boucher closer almost led to tragic consequences. In addition, abandoning the situation outside involving the police and Ms Boucher’s boyfriend was in the view of the Board irresponsible and further exacerbated the problems the police were encountering. Failing to properly manage patrons outside the licensed premises created an even more dangerous situation for the police.
The Board takes note of the unblemished record of the Licensee.
The Board further suggests that the principal of the Licensee, Ms Durham, should try to schedule more time for herself to be in the licensed premises in the evening hours, especially on busy nights.
Order
Therefore, as a matter of specific deterrence the Board ORDERS that liquor licence number 803511, issued to 1499532 Ontario Inc. operating as NIKKI’S SPORTS GALLERY, 14 Mountjoy Street South, Timmins, Ontario, P4N 1S4, be suspended for SIX (6) consecutive days.
Further, the Board ORDERS that the following condition be attached to the licence:
The licence holder shall have a video surveillance system recording the events in the licensed premises and at the exterior area of the entrances and exits during all hours of operation. The recording shall be kept for a minimum of 14 days and be available immediately to police officers or liquor licence inspectors upon their demand.
- 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 14th DAY OF April, 2011
KIRSTI HUNT, VICE-CHAIR, AGCO ALEX MCCAULEY, BOARD MEMBER