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-
1646886 Ontario Inc. operating as Island Mix Restaurant & Lounge Licensee
DECISION ON SANCTION
Panel: Allan Higdon, Board Member Joan Lougheed, Board Member
Decision Date: February 3, 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 ) Lorenzo Policelli, Representative 1646886 Ontario Inc., Licensee ) Randall Barrs, Representative
Allegations
1A hearing into Notice of Proposal ("NOP") number 18068 dated July 7, 2010 to suspend a licence and NOP number 18217 dated July 30, 2010 to suspend liquor licence number 203683 (the "licence") issued to 1646886 Ontario Inc. ("Licensee"), operating as ISLAND MIX RESTAURANT & LOUNGE, 1050 Brock Road, Units 14 & 15, Pickering, Ontario, L1W 3X4, (the "establishment" or the "premises"), on the basis of alleged violations of subsection 45(1) of the Liquor Licence Act (the "LLA") and clause 50(c), section 43 and subsection 45(1) of Ontario Regulation 719/90 (the "O.Reg.") made pursuant to the LLA, was held on May 4 and July 11, 2011 in the City of Toronto.
2In its decision dated December 13, 2011 the Board found the Licensee contravened clause 50(c) and subsection 45(1) of the O.Reg and dismissed the allegations under section 43 of the O.Reg and subsection 45(1) of the LLA. Parties were directed to provide written submissions on an appropriate sanction. The Board has received and reviewed those submissions.
Decision and Reasons on Sanction
Re: Clause 50(c) of O.Reg 719/90
3The Board is in agreement with the Registrar's submission that compliance with fire code regulations is a serious consideration to ensure the safety of the public. The Board has also acknowledged that the light for the fire exit may have just gone out.
4Given that the situation was corrected and the Licensee has been made aware that fire exit signs are a responsibility of the Licensee and is aware of the Board's concern that they must be maintained at all times, a letter of warning is sufficient to ensure compliance with Clause 50(c).
Re: subsection 45(1) of the O.Reg
5In making a determination of specific and general deterrence, the Board finds that a suspension of five (5) days is appropriate. Reasons follow.
6Mr. Barrs stated in submissions that a warning would be sufficient. The Board is not in agreement with the Licensee's counsel, given the fact that a finding was made for a serious allegation of permitting drunkenness on the premises. The Board made the determination that the patron, observed by both the officer and the inspector, would or should have been visible to the security and staff of Island Mix.
7The Board understands the financial impact of a suspension on both the Licensee and employees. However compliance is, at all times, the responsibility of the Licensee, and financial ramifications are part of the deterrent effect of a suspension.
8The Board gave consideration to the history of the premises, and notes that in 2010 there was a suspension imposed, for the first time, relating to a different allegation.
9The Board also gave consideration to the efforts of the Licensee to make changes and improvements to the premises, responding to other concerns and direction given by AGCO staff.
10In considering the appropriate sanction, the Board notes that permitting drunkenness is a serious violation and in this circumstance is satisfied that an incremental increase in penalty is appropriate as a matter of specific and general deterrence.
11Therefore, for the above reasons, and 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
12The Board ORDERS that liquor licence number 203683 issued to 1646886 Ontario Inc. operating as Island Mix Restaurant & Lounge, 1050 Brock Road, Units 14 & 15, Pickering, Ontario, L1W 3X4, be suspended for a period of FIVE (5) consecutive days.
13The 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 3rd DAY OF February, 2012
ALLAN HIGDON, BOARD MEMBER JOAN LOUGHEED, BOARD MEMBER