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
Reasons for DECISION
Panel: Brian Ford, Board Member Alex McCauley, Board Member
Decision Date: June 8, 2011 Hearing Location: Thunder Bay, 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 ) Tamara Brooks, Representative 2213992 Ontario Limited, Licensee ) Gino Arnone, Representative
Allegations
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.
The allegations as contained in NOP numbers 17872 and 18625 were admitted, except the allegation under section 6(2)(d) of the LLA contained in NOP 18625. The Board accepted the admissions and made findings under section 29 of the LLA, sections 45.1 and 45.2 and subsections 34(1) and 45(1) of the O.Reg.
The Board then heard from the Registrar’s witness, liquor inspector Andrew Romu. He gave evidence of the situation at the licensed premises at the time of the above noted offences.
The principal of the licensed establishment, Mr. Michael Joseph Komar, gave evidence in an honest and forthright manner. Mr. Komar outlined how he hopes to improve the operation of the Dragon’s Den moving forward.
The Board heard from Darlene Trelinski, an employee/manager at the Dragon’s Den. She spoke of improvements to the licensed premises since Mr. Komar took over and spoke to efforts to improve operations.
The Board heard submissions from the Registrar’s Representative, Ms Brooks, and the Licensee’s Representative, Mr. Arnone. The Board then retired to make its decision. A decision was rendered orally to the parties, and a formal order issued on May 2, 2011, with reasons to follow. Those reasons are set out below.
Reasons for Decision
The Board agrees with the Registrar’s Representative that the allegations admitted to are indeed serious and of concern as it regards the public safety of all residents.
The Board is also of the view that the events of November 14, 2010, on the opening night, were an unfortunate anomaly. It was the “perfect storm” for problems to occur. There was the security person who, instead of quelling problems, actually started a fight. There were persons in the bar who were not intoxicated, but who nonetheless were antagonists and should have been removed. Events that night seemed to take everyone by surprise. The Board is pleased to note that there have been no further incidents of this nature. Further, it was reassuring to note that Mr. Komar sought advice and counsel from the local liquor inspector and further implemented changes to his security staff.
The incidents involving patrons leaving the establishment and driving under the influence (“DUI”) is concerning. Having said that, the Board is aware that there is a far different standard applied to criminal impairment and intoxication for the purposes of the LLA. Licensees are responsible to ensure that patrons do not become intoxicated and must ensure that all precautions or steps are taken to prevent patrons from operating a motor vehicle under the influence of alcohol. This includes calling police if necessary. The Board notes though that a patron may reach the legal threshold of impairment under the Criminal Code of Canada, but still not be considered intoxicated from the perspective of a licensee or a liquor inspector within the meaning of the LLA. We have to ensure that the standard placed on licensees to prevent DUI offences is not an impossible standard to meet.
The Board is impressed with the previous record of Mr. Komar. He has been in the entertainment business for many years and has never had a problem under the law. In addition, he holds a liquor licence for another establishment in which there have been no problems.
The Licensee appears to be honestly committed to taking whatever action is necessary to ensure the premises are operated in an orderly and lawful manner.
The Board has noted that many of the problems that previously occurred in the licensed premises have been when neither Mr. Komar nor Ms Trelinski were present.
The Board is impressed with the commitment of Mr. Komar to hire a competent manager and to place security cameras in the licensed premises.
The Board dismisses the allegation under clause 6(2)(d) of the LLA, alleged in NOP number 18625. It is the Board’s view that there is no evidence to believe that the Licensee will not carry on business in accordance with the law and with integrity and honesty. On the contrary, Mr. Komar appears to be very honest and committed to ensuring the business is run appropriately, according to law.
The Board ordered the interim suspension to be lifted effective April 28, 2011 subject to conditions which attach to the licence, as set out in the Order of May 2, 2011.
Further, the Board, in the Order of May 2, 2011 having made the findings referred to in paragraph 2 above, ordered a FOURTEEN (14) day suspension of liquor licence number 806061 to be completed in addition to the 26 days served during the interim suspension, to complete a 40 day suspension. This suspension COMMENCED at 11 a.m. on April 29, 2011 and CONTINUED until 2 a.m. on May 13, 2011.
DATED AT TORONTO THIS 8th DAY OF June , 2011
BRIAN FORD, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER