Licence Appeal Tribunal
Appeal from Notice of Proposal of the Registrar of Alcohol, Gaming and Racing under section 15 of the Liquor Licence Act, R.S.O. 1990, c. L.19, to suspend a Liquor Licence.
Between:
New Zone Inc. o/a Six Nites Karaoke Bar Appellant
and
Registrar of Alcohol, Gaming and Racing Respondent
DECISION ON SANCTION AND CONSENT ORDER
Adjudicator: Laurie Sanford, Vice-Chair
Appearances:
For the Appellant: Noel Gerry, Counsel For the Respondent: Aviva Harari, Counsel
REASONS FOR DECISION AND ORDER
1On July 27, 2017, the Registrar of Alcohol, Gaming and Racing issued a Notice of Proposal to suspend the liquor licence of New Zone Inc. o/a Six Nites Karaoke Bar (“Six Nites”) for a period of 14 days. The basis for the proposed suspension was the allegation that on February 4, 2017, Six Nites had permitted drunkenness on its premises, contrary to the Liquor Licence Act and its regulations.
2Six Nites appealed the Notice of Proposal and a hearing was conducted on November 20, 2017 before me. My decision, dated December 7, 2017, was that Six Nites had permitted drunkenness on its premises. I found that Six Nites knew that a patron was intoxicated and, under the circumstances, the patron was not removed within a reasonable period of time nor was he removed safely.
3The parties requested an opportunity to make submissions as to the appropriate sanction, which I granted. In a joint submission dated December 19, 2017, the parties agreed that the appropriate sanction in this case is a suspension of Six Nite’s liquor licence for a period of 14 days, commencing January 25, 2018.
4I have considered the agreed-to sanction in light of the circumstances of the infraction and the seriousness of it. The purpose of the Liquor Licence Act is the protection of the public, which in this case included the intoxicated patron. There was no evidence before me as to the disciplinary history of Six Nites, or any remedial action proposed, so these factors were not considered. I conclude that in the circumstances of this case, the proposed sanction of 14 days commencing January 25, 2018 is appropriate.
ORDER
5Accordingly, and on consent of the parties, the liquor licence of Six Nites will be suspended for a period of 14 days, commencing January 25, 2018.
LICENCE APPEAL TRIBUNAL
________________________
Laurie Sanford, Vice-Chair
Released: January 18, 2018