Licence Appeal Tribunal
FILE: 7124/LLA
CASE NAME: 7124 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 – to Suspend a Licence
2130845 ONTARIO INC. OPERATING AS HEART AND CROWN IRISH PUB AND RESTAURANT (THE) Applicant
-and-
Registrar of Alcohol and Gaming Respondent
DECISION AND ORDER ON SANCTION
ADJUDICATOR: SHU-TAI CHENG, Vice-Chair
APPEARANCES:
For the Applicant: ROBERT DE TONI, Counsel
For the Respondent: PHILLIP MORRIS, Counsel
Heard in Ottawa: May 28, 29, 30 and 31 and July 18, 19 and 20, 2012
DECISION AND ORDER ON SANCTION
In a decision dated January 4, 2013, the Tribunal made findings in respect of breaches of the Liquor License Act and Regulations made thereunder. The factual context of these violations include permitting immoderate consumption of alcohol, permitting alcohol to be supplied to an intoxicated person, drunkenness, permitting violent or disorderly conduct, and obstructing an AGCO investigation.
Written submissions on appropriate sanction in consequence of the Tribunal’s findings were submitted by counsel for the Registrar and counsel on behalf of the Licensee. Reply submissions were also considered by the Tribunal.
Counsel for the Registrar submitted that, in light of the seriousness of the conduct, a 14-day suspension, as requested in the Notice of Proposal would be appropriate as a matter of specific and general deterrence. Counsel further requested a condition be added to the license requiring maintenance of a video surveillance system and setting out the time period in which recordings must be kept. This proposed condition was set out in the Notice of Proposal.
Counsel for the licensee submitted that a more appropriate sanction, given mitigating factors in relation to the breaches, would be a fine of $25,000 to $30,000, which is stated to represent three to five days of revenue.
In reply, Mr. Morris submitted that the Tribunal does not have jurisdiction to impose fines in lieu of suspension in a licensing proceeding. Mr. De Toni though maintaining that the Tribunal does have jurisdiction to impose a fine, as a condition on the licence, submits, in the alternative, that a sanction of three days suspension would be appropriate in the circumstances. The Tribunal agrees with Mr Morris in this regard; the Tribunal has no statutory jurisdiction to impose a fine upon a licensee
Having considered the submissions of counsel and all of the surrounding circumstances, the Tribunal finds that as a matter of both general and specific deterrence, a meaningful suspension is required in this case.
Multiple breaches were found. These relate to one night, in respect of one group of patrons who were asked to leave the premises for reasons of immoderate consumption and then a number of them were requested, and allowed, to re-enter. After serious injury resulted to one of the patrons due to an altercation during re-entry, the injured patron was ejected from the premises and staff of the Licensee refused to provide any assistance. During the AGCO investigation, the licensee obstructed same.
The Tribunal appreciates the impact that is created by a suspension. However, the financial impact on a licensee is part and parcel of the deterrent effect. The Tribunal has considered certain mitigating factors in particular, though Inspector Daniels stated in evidence that he had some concerns about the establishment, the Tribunal notes that there is no evidence before it of prior disciplinary action taken against the licensee
In light of the multiple violations and the seriousness of them, this Tribunal orders that the Licensee be suspended for a period of ten (10) days. Furthermore, given the Tribunal’s findings, a condition, as proposed by the Registrar is also appropriate and the Tribunal so orders.
ORDER
- Therefore, the Tribunal orders that the liquor licence issued to 2130845 ONTARIO INC. be suspended for ten (10) days. The Applicant shall submit proposed suspension dates to the Registrar within seven (7) days of the date of this decision, failing which the Registrar may set the suspension dates without further notice to the Applicant.
- Further, the Tribunal orders that a condition be added to the license as follows:
"The Licensee shall at all times monitor its video surveillance (security) cameras and maintain them in good working order and shall retain all digital records from the security cameras for a minimum of thirty (30) days. Any recording (or Digitial Recording unit) must be available immediately upon request, and at no cost, to police officers and AGCO inspectors."
LICENCE APPEAL TRIBUNAL
Shu-Tai Cheng, Vice-Chair
RELEASED: April 25, 2013