Licence Appeal Tribunal
Appeal d'appel en Tribunal matière de permis
FILE: 8777/AGRPPA
CASE NAME: 8777 v. Registrar of Alcohol and Gaming
Appeal from an Order of Monetary Penalty of the Registrar of Alcohol and Gaming under the Alcohol and Gaming Regulation and Public Protection Act, 1996, S.O. 1996, c. 26
Conrad Gunn o/a Up Yer Kilt Pub & Club Appellant
-and-
Registrar of Alcohol and Gaming Respondent
REASONS FOR DECISION AND ORDER
ADJUDICATOR: Laurie Sanford, Vice-Chair
APPEARANCES:
For the Appellant: Self-represented
For the Respondent: Aviva R. Harari, Counsel
Heard in Toronto: October 7, 2014
DECISION AND ORDER
BACKGROUND
This is a hearing before the Licence Appeal Tribunal (the “Tribunal”) arising out of an Order of Monetary Penalty issued by the Registrar of Alcohol and Gaming (the “Registrar”), under the Alcohol and Gaming Regulation and Public Protection Act, 1996 (the “Act”). The Order dated March 27, 2014 imposed a monetary penalty on Conrad Gunn o/a Up Yer Kilt Pub & Club (the “Pub”).
FACTS
At the outset of the hearing, Ms. Harari, Counsel for the Registrar, withdrew two of the four alleged contraventions of the Act. What remains are two alleged infractions occurring on October 12, 2013. The Registrar alleges that the Pub permitted drunkenness contrary to subsection 45(1) of Ontario Regulation 719/90 (the “Regulation”) under the Liquor Licence Act, R.S.O. 1990, c. L.19 and that liquor was sold outside prescribed hours in contravention of subsection 25(1) of the Regulation.
Sergeant James of the Orangeville police gave evidence. He was doing routine bar checks overnight on the night of October 11/12, 2013 in Orangeville. At 2:05 a.m., he approached the Pub. The “Open” sign was off and the curtains were drawn. However, through a gap in the curtains, Sergeant James saw two men and a woman sitting or standing at the bar. At 2:10 a.m. one of the men, who was wearing a black polo shirt, leaned across the bar and served himself from the taps. Sergeant James believed the man served himself beer. Sergeant James went to his patrol car to call in the infraction during which time the other man left the Pub. At 2:13 a.m., Sergeant James entered the Pub and noticed a second woman behind the bar. She identified herself as the server and identified the other woman as the manager. The manager, who will be referred to as “DM”, appeared to Sergeant James to be intoxicated. Her eyes were blurry, her breath had a strong odour of alcohol, her words were slurred, she was unsteady on her feet and her speech did not always make sense. DM confirmed that she was in charge.
Mr. Gunn admits the infractions. He notes that he has had decades of experience operating licensed establishments and these are the first infractions he has ever had.
DECISION
There is no dispute that the Pub committed two infractions of the Regulation on October 12, 2013. Specifically, the server permitted DM to become intoxicated contrary to s. 45(1) of the Regulation and a patron of the Pub served himself beer after the closing hour of 2:00 a.m. contrary to s. 25(1) of the Regulation. The Registrar has ordered a monetary penalty of $1,500 in respect of these infractions. The Tribunal has no jurisdiction to vary this amount.
ORDER
The Tribunal therefore confirms the monetary penalty in the amount of $1,500 imposed under the Order of Monetary Penalty dated March 27, 2014, with respect to the breaches of the Regulation which took place on October 12, 2013.
LICENCE APPEAL TRIBUNAL
Laurie Sanford, Vice-Chair
Released: October 27, 2014