ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
BETWEEN:
Registrar, Alcohol and Gaming Commission of Ontario Registrar
-and-
1695368 Ontario Inc. operating as Bar and Music Studio Licensee
DECISION ON SANCTION
Panel: Kirsti Hunt, Vice-Chair, AGCO Joan Lougheed, Board Member
Decision Date: January 23, 2012
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: Phillip Morris, Representative 1695368 Ontario Inc., Licensee: Tak Chan, Representative
Allegations
1A hearing into Notice of Proposal number 18109 dated June 1, 2010 to suspend liquor licence number 812149 (“the Licence”) issued to 1695368 Ontario Inc. (the “Licensee”) operating as Bar & Music Studio, 360 Yonge Street, Second Floor, Toronto, Ontario, M5B 1S5 on the basis of alleged violations of section 29 and subsection 45(1) of Ontario Regulation 719/90 (the “O. Reg”) made pursuant to the Liquor Licence Act (the “LLA”), was held on May 16, 19 and 26, 2011 in the City of Toronto.
2In its decision of October 17, 2011, the Board made findings of violations of section 29 and subsection 45(1) of the O. Reg and asked parties for submissions on sanction.
Reasons for Decision
3The Registrar’s Representative submitted that a 30-day suspension was appropriate in the specific circumstances of this case. In his submissions, the Licensee’s Representative proposed a fine of $5,000 payable in 30 days with no further penalty or suspension of the licence.
4The Board notes that it does not have the jurisdiction to issue fines or monetary penalties.
5The Board considers the fact that a very serious assault of two patrons by other patrons took place in this establishment.
6The Board accepts the submission that despite the events of January 8, 2010, the Licensee was in breach of section 29 of the O.Reg a month later.
7There is no evidence before the Board that there was general confusion among staff on duty on January 8, 2010 about calling 911. The evidence before the Board was that IWS told police that he didn’t know why he didn’t call 911 and JL told police that she didn’t call because she was trying not to get hit.
8The Board rejects the Licensee’s submission that the two staff members on duty were relieved of their duties shortly after the incidents. As submitted by Registrar’s counsel, IWS ceased employment in May 2010, four months after the assault incident, and JL was pregnant and left sometime before the summer of 2010.
9The submission that the two employees didn’t act appropriately because they were young individuals who had never experienced the chaos that took place is not a valid one. It is the responsibility of a Licensee to provide staff, whatever their age and experience, with proper training to be able to deal with serious situations that might arise in the premises. In this case, that was not done and there are no submissions that plans, procedures or training have been put into place since that time.
10That being said, the Board accepts the submission that there have been no problems or breaches of the Act and Regulations for almost two years. The “total staff and management overhaul” has obviously had a positive effect.
11The Registrar is seeking a 30-day suspension as a specific and general deterrence. In this case regarding specific deterrence, the Board gives considerable weight to almost two years of problem free operation as a mitigating fact in considering the length of a suspension. Compliance is the aim of any sanction and given no evidence to the contrary from the Registrar’s Representative, the Licensee has maintained a two year history of compliance and problem free operation of the premises. The Licensee is to be commended for that.
12Taking into consideration all the circumstances of this case, the Board finds that a 10-day suspension of the licence is appropriate as a specific but in most part as a general deterrence.
Order
13Therefore, the Board ORDERS that liquor licence number 812149 issued to 1695368 Ontario Inc. operating as Bar & Music Studio, 360 Yonge Street, Second Floor, Toronto, Ontario, M5B 1S5, be suspended for TEN (10) consecutive days.
14The 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 23rd DAY OF January , 2012
KIRSTI HUNT, VICE-CHAIR JOAN LOUGHEED, BOARD MEMBER