Licence Appeal Tribunal
FILE: 7412/LLA
CASE NAME: 7412 v. Registrar of Alcohol and Gaming
Appeal from the Notice of Proposal of the Registrar of Alcohol and Gaming under the Liquor Licence Act, R.S.O. 1990, c. L. 19, s. 15(1) and 21(1) – to Suspend a Licence
2000758 Ontario Limited o/a THE UNICORN Applicant
-and-
Registrar of Alcohol and Gaming Respondent
DECISION AND ORDER
ADJUDICATOR: Terrance Sweeney, Vice-Chair
APPEARANCES:
For the Applicant: Elizabeth Luca, Agent
For the Respondent: Aviva Harari, Counsel
Heard in Toronto: November 21 and 22, 2012
DECISION AND ORDER
BACKGROUND
The Registrar of Alcohol and Gaming (the “Registrar”) under the Liquor Licence Act (the “Act”) issued a Notice of Proposal, dated May 2, 2012, in which he indicated that the Applicant may have breached the Act and the Regulations thereto. The Registrar proposed to suspend the licence of the Applicant for 14 days.
The particulars of the allegations are:
- Contrary to subsection 45(1) of the Act, the licence holder withheld, destroyed, concealed or refused to provide relevant information or things required for the purpose of an inspection under the Act.
- Contrary to subsection 45(1) of the Act, the licence holder obstructed a person carrying out an inspection under the Act.
- Contrary to subsection 45(2) of the Act, the licence holder failed to facilitate an inspection relevant to the licence.
- Contrary to subsection 45(1) of Ontario Regulation 719/90 under the Act, the licence holder permitted drunkenness or riotous, quarrelsome, violent or disorderly conduct to occur on the licensed premises or in the areas under the control of the licence holder.
The Applicant filed an appeal from the Notice of Proposal to this Tribunal on May 4, 2012.
The Registrar called three witnesses. The Applicant called seven witnesses. The Tribunal ordered that all witnesses be excluded from the hearing until they were called to testify.
THE EVIDENCE FOR THE REGISTRAR
Glen Dhruv is a police constable with 14 years experience with Toronto Police Services. One of his duties is to conduct inspections of bars in his area of which there are 37.