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-
Sijan Plaza Restaurant Ltd. operating as Sijan Plaza Restaurant
Licensee
DECISION ON SANCTION
Panel: Beryl Ford, Board Member Joan Lougheed, Board Member
Decision Date: November 1, 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 ) Aviva Harari, Representative
Sijan Plaza Restaurant Ltd., Licensee ) Robert Rothman, Representative
Allegations
A hearing into Notice of Proposal (the "NOP") number 18524, dated February 10, 2011 to suspend liquor licence number 21050 (the "licence") issued to Sijan Plaza Restaurant Ltd. (the "Licensee") operating as SIJAN PLAZA RESTAURANT, 25 John Street, Unit #4, Mississauga, Ontario, L5A 1Y5, on the basis of alleged violations of section 29 of the Liquor Licence Act (the "LLA") and subsection 45(1) Ontario Regulation 719/90 (the "O.Reg") made pursuant to the LLA, was held on May 12, 2011 in the City of Toronto.
In its decision dated August 25, 2011, the Board found the Licensee contravened subsection 45(1) of the O.Reg and dismissed the allegations under section 29 of the LLA. The parties were directed to provide written submissions on an appropriate sanction. The Board has received and reviewed those submissions.
Decision and Reasons on Sanction
In making a determination of specific and general deterrence, the Board finds that a suspension of five (5) days is appropriate. Reasons follow.
The NOP seeks a suspension of fourteen (14) days. Ms Harari, in submissions, requested a twelve to fourteen (12 to 14) days suspension, stating that one year previous the Licensee had a violation under O.Reg 719/90, subsection 45(1). Ms Harari stated that the penalty must promote general deterrence and follow the principal of escalating penalties with subsequent infractions. She stated that it is not clear what steps the Licensee is taking to ensure no further violations.
Mr. Rothman submits that no suspension should be imposed, disputing the decision on findings of the Board and stating in part that the Licensee has surveillance equipment, does employ a security person and staff can view the establishment from the kitchen.
The Board has already made a determination that there is a contravention under subsection 45(1). The Licensee did not present any suggestion of additional measures, policies or procedures that might be taken, to ensure future compliance making certain that there is control of patrons inside or in the vicinity of the premises and the prevention of quarrelsome, riotous or disorderly behaviour, suggesting that a suspension is required as a matter of specific and general deterrence.
The Licensee has an obligation to understand and fulfil the responsibilities that are required under the LLA, including taking measures to deter the kind of disorderly conduct that occurred on the premises and maintain control over the premises and areas adjacent to the premises.
In reaching a decision on sanction, the Board gave consideration to the fact that compliance is, at all times, the responsibility of the Licensee, and that the suspension should impart the seriousness of the violation on the Licensee while recognising the unique circumstances surrounding this violation.
Therefore, for the above reasons, in the circumstances of this case, the Board FINDS that a five (5) day suspension is appropriate not only as a specific but also as a general deterrence.
Order
Therefore the Board ORDERS that liquor licence number 21050 issued to Sijan Plaza Restaurant Ltd. operating as SIJAN PLAZA RESTAURANT, 25 John Street, Unit 4, Mississauga, Ontario L5A 1Y5, be suspended for a period of FIVE (5) 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 the date of this decision.
DATED AT TORONTO THIS 1st DAY OF November , 2011
BERYL FORD, BOARD MEMBER JOAN LOUGHEED, BOARD MEMBER