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-
681311 Ontario Limited operating as Shots Sports Tap & Grill
Licensee
DECISION ON SANCTION
Panel: Allan Higdon, Board Member
Decision Date: August 9, 2011
Hearing Location: Kanata, Ontario and Ottawa, 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 ) Joyce Taylor, Representative
681311 Ontario Limited, Licensee ) Mark Huckabone and Chris Taylor, ) Representatives
Allegations
A hearing into Notice of Proposal number 15815 dated November 27, 2007 to suspend liquor licence number 91379, issued to 681311 Ontario Limited (the “Licensee”), operating as SHOTS SPORTS TAP & GRILL, 185 Pembroke Street East, Pembroke, Ontario, K8A 3J6 (the “establishment” or the “premises”), on the basis of alleged violations of section 29 and subsections 30(1), 30(2) and 30(4) of the Liquor Licence Act (the “LLA”) and subsections 41(1) and 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on March 7, 2008, July 15 and 17, October 27, 2008, November 4, 2008, March 26, 2009 and December 2, 2009 in the Cities of Kanata, Ontario and Ottawa, Ontario.
In its decision dated May 19, 2011, the Board found the Licensee contravened section 29 and subsection 30(4) of the LLA 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 found the Licensee in breach of five (5) counts of subsection 45(1) of the O.Reg in that it permitted five incidents of drunkenness to occur on the licensed premises on the night of June 29, 2007 and in breach of two (2) counts of subsection 45(1) of the O.Reg in that it permitted two incidents of drunkenness to occur on the licensed premises on the night of August 17, 2007.
The Board found the Licensee in breach of section 29 of the LLA in that liquor was sold or supplied to a female patron who was or appeared to be intoxicated on the night of June 29, 2007.
The Board found the Licensee in breach of subsection 30 (4) of the LLA in that the Licensee permitted a person who appeared to be under the age of 19 to have or consume liquor in the licensed premises on the night of August 11, 2007.
Counsel for the Registrar stated the above breaches of the LLA are serious, “going to the heart of the duty to responsibly serve alcohol.” The Board agrees with that statement.
Permitting minors to consume alcohol on the premises is a breach of particular concern. The youth stated there were many other minors on the premises and added that he had been in the establishment many times previously. On August 11, 2007, the youth was drunk on the premises and was beaten up in a fight.
Testimony clearly showed the security regime for the establishment was pitifully inadequate. The fact that five incidents of drunkenness on the premises were documented the night of June 29, 2007 alone is very telling. Testimony also confirmed that even patrons who had been evicted for drunkenness were able to find their way back into the premises and consume more alcohol.
No action was taken by the Licensee to increase the number of security staff and prevent a repetition of these incidents although this was suggested by the Inspector.
Counsel referred to previous suspensions for this establishment. In February 2007, the Licensee served a four day suspension for service to an intoxicated patron. A previous suspension for 21 days took place in 2003.
Given the serious nature of the offences and the previous history of the Licensee, the Registrar has requested a suspension of 21 to 25 days.
Counsel for the Licensee suggested that the five counts of permit drunkenness on June 29, 2007 would be appropriately addressed by a suspension of two (2) days for each incident, a total of 10 days. The same penalty would apply to the two counts of permit drunkenness on August 17, 2007, a total of four (4) days.
The appropriate sanction for permitting the minor to consume alcohol on the premises would be a warning. The suggested suspension for all infractions would therefore total 14 days.
Counsel for the Licensee made claim that many changes have been made to the security regime since the incidents, however no details were entered into evidence at the hearings of such improvements and there was no opportunity for the Registrar to test these claims.
The Board was clear in its decision that the operational standard of Shots Sports Tap and Grill is totally inadequate. The breaches of the LLA were numerous and clearly constituted a danger to clients of the premises and the public at large.
The Board also notes that previous suspensions have been imposed, including a 21 day suspension in 2003. Despite these suspensions, the establishment continued to be run in an irresponsible manner resulting in the breaches found by the Board in the latest Notice of Proposal.
Given the very serious and repetitive nature of the offences the Board considers a suspension of twenty one (21) days to be an appropriate specific and general deterrent.
Order
Therefore, the Board ORDERS that licence number 91379, issued to 681311 Ontario Limited, operating as SHOTS SPORTS TAP & GRILL, 185 Pembroke Street East, Pembroke, Ontario, K8A 3J6, be suspended for TWENTY ONE (21) 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 9th DAY OF August , 2011
ALLAN HIGDON, BOARD MEMBER