The Registrar of the Alcohol and Gaming Commission of Ontario (AGCO) has issued an Order of Interim Suspension of the liquor licence of J.A.K.K. Tuesdays, located at 642 Progress Ave, Kingston ON, for reasons of public interest and safety. The interim suspension takes effect immediately.
At the same time, the Registrar has also issued a Notice of Proposal (NOP) to revoke the establishment’s liquor licence for infractions of the Liquor Licence Act (LLA), including the requirement that the licence holder act and carry on business in accordance with the law, with honesty and integrity, and in the public interest.
On September 14, 2021, the Government of Ontario released regulations and guidance to support businesses and organizations in implementing proof of vaccination requirements, which took effect on September 22, 2021. As of that date, patrons entering certain settings must provide the required proof of being fully vaccinated against COVID-19, along with valid identification.
Prior to the announcement, on September 10, 2021, AGCO Compliance Officials (CO) visited the premises and met with the licensee. During the inspection, the COs provided education to the licensee regarding the requirements of the Reopening Ontario (A Flexible Response to COVID-19) Act (ROA). The licensee responded that he did not intend to comply with the ROA. There was signage posted at the establishment indicating that it would not comply with the ROA requirements.
Several complaints regarding the establishment’s non-compliance with the ROA were received by the Kingston Public Health Unit. By-law officers visited the establishment on or about September 23, 2021 and made observations of non-compliance with the ROA. On September 24, 2021, City of Kingston By-Law officials charged the licensee with violations of the ROA.
An AGCO CO attended the premises after the provincial offences notices were served on the establishment and on the licensee. The CO made observations and noted that the licensee continued to act contrary to the ROA.
As a result, the Registrar considers it to be necessary in the public interest to immediately suspend the liquor licence.
Those who hold a licence to sell alcohol are responsible for meeting their obligations under the LLA, and to act with honesty and integrity.
A licence holder must allow access to police officers or AGCO COs acting in the course of their duties during or after hours of operation.
The AGCO regularly conducts compliance activities at liquor licensed establishments across the province and commends those licensees who are operating responsibly.
There are consequences for licence holders who do not meet these requirements, including the possibility of an Order of Monetary Penalty, a temporary suspension of the licence, or in the most serious cases, a revocation of the licence.
An establishment served with an interim suspension or a NOP has the right to appeal the Registrar’s action to the Licence Appeal Tribunal, which is an adjudicative tribunal independent of the AGCO and part of Tribunals Ontario.
The hospitality sector has been hard hit by the pandemic. The vaccine certificates are allowing businesses to keep operating while protecting the safety of their patrons. Liquor licensed establishments have an important role to play in keeping the sector open and the community safe. We appreciate and recognize all the establishments that are taking this responsibility seriously and will continue addressing situations where that responsibility is being disregarded.
Tom Mungham, Registrar and CEO, AGCO
The LLA provides the AGCO with the authority to carry out inspections of licensed establishments for the purposes of determining whether there is compliance with the Act and its regulations. Police officers also have this authority.
A licence holder and/or manager must:
Allow access to police officers or AGCO Compliance Officials acting in the course of their duties during or after hours of operation
Ensure police officers or AGCO Compliance Officials acting in the course of their duties are given unobstructed access to the premises including adjacent areas
See Section 15 (6) and 6 (2)(d) Liquor Licence Act (LLA)
ABOUT THE AGCO
The AGCO is responsible for regulating the alcohol, gaming, horse racing and private cannabis retail sectors in Ontario in accordance with the principles of honesty and integrity, and in the public interest.
The AGCO is a regulatory agency with a governing board that reports to the Ministry of the Attorney General. The agency was established on February 23, 1998 under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996.