Sanctions and Decisions

Decision Information

Decision Content

DATE OF HEARING:

HEARING PANEL:

HEARING BEFORE A PANEL OF THE BOARD OF ALBERTA GAMING, LIQUOR AND CANNABIS COMMISSION

IN THE MATTER OF the Gaming, Liquor and Cannabis Act Revised Statutes of Alberta 2000, Chapter G-1, as amended and the Regulation

and

Red Sea Bar & Restaurant Limited o/a Red Sea Bar & Restaurant (Applicant) 1816 36 Street SE Calgary, AB T2B 0X6

APPLICANT / REPRESENTATIVES:

REGULATORY SERVICES DIVISION:

March 11, 2024

Len Rhodes, Presiding Member Patti Grier, Panel Member Elan Harper, Panel Member

Samuel Angesom Negash, Owner/Operator Hailom Ghirmay, Interpreter

Petrina Nash, Hearing Officer Minsun Chun, Observer

DECISION OF THE HEARING PANEL The Panel finds that Red Sea Bar & Restaurant contravened sections 71(2) and 71(3) of the Gaming, Liquor and Cannabis Act (the Act).

For the contravention of section 71(2) of the Act and in accordance with section 94(7)(a) of the Act, the Panel confirms the original administrative sanction imposed by the Regulatory Services Division of a fine of $4,000 or a 16-day suspension of the Class A-Minors Allowed Liquor Licence numbered 784774-1. The fine is to be paid on or before June 25, 2024 or the suspension period served commencing with the normal opening of business on June 28, 2024 and continuing until the normal close of business on July 13, 2024.

For the contravention of section 71(3) of the Act and in accordance with section 94(7)(a) of the Act, the Panel confirms the original administrative sanction imposed by the Regulatory Services Division of a fine of $4,000 or a 16-day suspension of the Class A-Minors Allowed Liquor Licence numbered 784774-1. The fine is to be paid on or before June 25, 2024 or the suspension period served commencing with the normal opening of business on July 14, 2024 and continuing until the normal close of business on July 29, 2024.

The licensee may make a lump sum payment or pay in installments. The licensee is directed to contact Regulatory Services to make payment arrangements.

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I. Jurisdiction and Preliminary Matters [1] By letter dated December 13, 2023, the Regulatory Services Division (Regulatory Services) of Alberta Gaming, Liquor and Cannabis Commission (AGLC) advised Red Sea Bar & Restaurant Limited, operating as Red Sea Bar & Restaurant (the Licensee), that the Licensee contravened:

Section 71(2) of the Act: Except as provided in the regulations, no liquor licensee or employee or agent of a liquor licensee may permit any person to be in licensed premises when the sale and consumption of liquor in those premises are prohibited under the regulations or stadium bylaws; and

Section 71(3) of the Act: No person may consume and no liquor licensee or employee or agent of a liquor licensee may permit a person to consume liquor on licensed premises when the sale and consumption of liquor in those premises are prohibited under the regulations or stadium bylaws.

[2] For the alleged contravention of section 71(2) of the Act, Regulatory Services imposed an administrative sanction of a fine of $4,000 or, in the alternative, a 16-day suspension of the Licensee’s Class A-Minors Allowed Liquor Licence numbered 784774-1 (the Licence).

[3] For the alleged contravention of section 71(3) of the Act, Regulatory Services imposed an administrative sanction of a fine of $4,000 or, in the alternative, a 16-day suspension of the Licensee’s Licence.

[4] The Licensee subsequently applied for a hearing before a Panel of the Board of AGLC pursuant to section 94(1) of the Act.

[5] In accordance with section 11 of the Act, the Board Chair designated three members of the Board to sit as a Panel to conduct the hearing and make a decision Len Rhodes (Presiding Member), Patti Grier and Elan Harper.

[6] The parties and the Hearing Panel were provided with a record containing various documents pertaining to the issues before the panel. The Applicant confirmed receipt of the Updated Notice of Hearing dated January 11, 2024 and the attached hearing record.

[7] On March 7, 2024, Petrina Nash, Hearing Officer for Regulatory Services, made a request to have AGLC Inspector Minsun Chun attend the hearing as an observer for learning purposes. The Licensee and the Panel did not object to Inspector Chun attending the hearing as an observer.

[8] At the outset of the hearing, the representative for the Licensee, Samuel Angesom Negash, made the following requests: to have Hailom Ghirmay attend the hearing as an interpreter; to call the co-owner/operator of Red Sea Bar & Restaurant, B.Y., as a witness for the Licensee; and

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to introduce additional documentary evidence that was not previously provided as part of the hearing file.

[9] Regulatory Services and the Panel did not object to Mr. Negash’s requests to have Mr. Ghirmay attend the hearing as an interpreter and Mr. Y attend the hearing as a witness for the Licensee.

[10] Regulatory Services reviewed the documentary evidence provided by the Licensee and objected to the admission of the evidence. Pursuant to rule 1.10.2(g) of the Hearing Panel Rules & Procedures, the Panel called a recess to evaluate the evidence, reviewed the documents accordingly and accepted them as evidence, entered as Exhibit 2.

[11]

The following documents were entered into evidence: Exhibit 1 Hearing Record, including Tabs 1 to 4 Exhibit 2 Unsworn affidavit of M.B.G., written witness statement of S.A.G. and written statement of Samuel Angesom Negash

II. Issues [12] Did the Licensee contravene section 71(2) of the Act and/or section 71(3) of the Act? [13] If the Licensee contravened section 71(2) of the Act, should the administrative sanction imposed by Regulatory Services of a $4,000 fine or a 16-day Licence suspension be confirmed, replaced, or cancelled?

[14] If the Licensee contravened section 71(3) of the Act, should the administrative sanction imposed by Regulatory Services of a $4,000 fine or a 16-day Licence suspension be confirmed, replaced, or cancelled?

III.

Regulatory Services Submissions

[15] Regulatory Services called two witnesses: AGLC Inspectors Ryan Zeniuk and Caroline Gomba. Inspector Zeniuk has been an inspector with AGLC for approximately three years, and Inspector Gomba has been an inspector with AGLC for approximately five months. Inspectors Zeniuk, Gomba and Chun co­authored an Incident Report which details an incident that occurred at Red Sea Bar & Restaurant on December 3, 2023 (Exhibit 1, Tab 2).

[16]

The following is a summary of the evidence provided by Inspector Zeniuk and Inspector Gomba.

[17] Inspector Zeniuk explained that the Licensee’s Class A-Minors Allowed Liquor Licence has the following provisions: minors are allowed in the licensed premises until 9:00 p.m.; liquor service must stop at 2:00 a.m.; all patrons must leave the premises by 3:00 a.m.; and the licensed premises must close by 3:00 a.m.

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[18] When asked by the Panel whether the Licence permits patrons to smoke shisha in a licensed premises after hours, Inspector Gomba advised that it does not, however, her duties as a liquor inspector do not include overseeing shisha consumption.

[19] Inspector Zeniuk advised that he was familiar with Red Sea Bar & Restaurant because he had visited the licensed premises in May 2023. That operating check resulted in an incident report and educating the Licensee on AGLC’s policies regarding operating a licensed premises outside of authorized hours and after-hours consumption of alcohol. A second incident report was prepared in September 2023 as a result of the same violations, and the Licensee was again educated on the same policies.

[20] Inspectors Zeniuk, Gomba and Chun visited Red Sea Bar & Restaurant on December 3, 2023 at 3:29 a.m. to conduct an operating check. They were not specifically asked to go to the licensed premises that day, but they knew it had a history of allowing patrons to consume alcohol after hours and remain in the licensed premises after 3:00 a.m.

[21] Inspectors Zeniuk and Gomba made the following observations outside of Red Sea Bar & Restaurant:

There were five cars in the parking lot. No other businesses in the area appeared to be open. Two individuals were smoking outside. The open sign in the window of the licensed premises was turned off.

[22] Although Red Sea Bar & Restaurant appeared to be closed, Inspectors Zeniuk and Gomba said that they saw televisions turned on, flashing lights and numerous patrons when they looked through the windows.

[23] Inspectors Zeniuk and Gomba advised that the front door of Red Sea Bar & Restaurant was locked. The inspectors knocked and Samuel Angesom Negash came to the door after a few minutes. Inspectors Zeniuk and Gomba presented their AGLC identification, and Mr. Negash initially turned away from the door, spoke to the patrons for several minutes, and eventually opened the door.

[24] Upon entering Red Sea Bar & Restaurant, Inspector Zeniuk instructed Inspectors Gomba and Chun to take notes and pictures of what they observed while he spoke with Mr. Negash. Inspectors Zeniuk and Gomba advised that the two individuals who were smoking outside re-entered the licensed premises.

[25] During their operating check, one of the inspectors took a picture of a clock inside of the premises that read 3:35 a.m. (Exhibit 1, Tab 2, Attachment 2).

[26] Inspectors Zeniuk and Gomba observed four individuals at the service bar, one of whom was smoking shisha. Further, they saw red solo cups and a half-full Budweiser beer on the service bar (Exhibit 1, Tab 2, Attachment 1). The inspectors did not check to see what was in the red solo cups.

[27] When asked by the Licensee whether she saw anyone consuming the half-full Budweiser beer at the service bar, Inspector Gomba confirmed that she did not.

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[28] On the left side of the bar, Inspectors Zeniuk and Gomba said that they observed a larger group of patrons. Some of them were playing cards, watching television and smoking shisha, and the inspectors witnessed one patron drinking a Budweiser Beer (Exhibit 1, Tab 2, Attachment 3).

[29] Inspectors Zeniuk and Gomba stated that there were 23 patrons inside of Red Sea Bar & Restaurant, and Inspector Zeniuk advised the Panel that he did not see any minors in the licensed premises.

[30] Inspector Zeniuk said that Red Sea Bar & Restaurant was clearly operating, and he and Inspector Gomba asserted that it did not appear as though any of the patrons were getting ready to leave. However, some patrons stood up once the inspectors showed their AGLC identification.

[31] When asked by the Licensee whether she noticed that chairs were on top of the tables, Inspector Gomba said that she noticed some, but there were chairs provided for the patrons who were still in Red Sea Bar & Restaurant.

[32] Inspector Zeniuk stated that there were receipts hanging out of the point of sale system located at the service bar, and each one had a timestamp that was after 3:00 a.m. and lacked details of what items were ordered. Inspector Zeniuk advised the Panel that this indicated to him that the system was still being used shortly before the inspectors arrived.

[33] When Inspector Zeniuk asked what the receipts were for, Mr. Negash said they were not for liquor sales. Inspector Zeniuk said that he did not see any food at the tables, and the kitchen appeared to be closed.

[34] When Inspector Zeniuk asked Mr. Negash why there were still so many people inside of the licensed premises and why it was still operating, Mr. Negash said that he had asked the patrons to leave but they were drunk and would not listen to him.

[35] Inspectors Zeniuk and Gomba advised that the patrons did not appear to be either intoxicated or argumentative, and they did not see Mr. Negash or any other staff members ask the patrons to leave.

[36] Inspector Zeniuk explained to Mr. Negash that patrons cannot be in the licensed premises past 3:00 a.m. and cannot drink past 3:00 a.m. When Mr. Negash denied that any patrons were drinking, Inspector Zeniuk said that he pointed out a patron who was actively drinking a Budweiser beer. Mr. Negash again denied that anyone was drinking liquor.

[37] When asked by the Panel how a Licensee should handle patrons who refuse to leave by 3:00 a.m., Inspector Zeniuk said that having door security and additional staff would help with getting patrons to exit the premises.

[38] When asked by the Panel to describe the typical closing process for a bar, Inspector Zeniuk explained that:

a last call for liquor is made prior to 2:00 a.m.; and approximately 15 minutes before 3:00 a.m., an announcement is made advising patrons that the bar is closing.

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[39] When asked by the Panel what the weather was like on the day of the incident, Inspector Zeniuk said that it was cold and approximately -18C.

[40] Inspectors Zeniuk and Gomba said that they did not see any taxis or Ubers outside of Red Sea Bar & Restaurant during their visit. Further, they neither saw nor heard Mr. Negash calling for taxis and Ubers, and he never mentioned that patrons were waiting inside for transportation.

[41] When Mr. Negash asked Inspector Zeniuk how he knew that none of the cars in the parking lot were Ubers, Inspector Zeniuk stated that he did not see an Uber logo on the front of any of the cars.

[42] When the inspectors left Red Sea Bar & Restaurant, Inspector Zeniuk said that some of the patrons also left.

[43] On December 5, 2023, Inspector Zeniuk contacted Mr. Negash and advised that he would be submitting an incident report regarding the incident at Red Sea Bar & Restaurant on December 3, 2023. During their conversation, Mr. Negash reiterated that the patrons were drunk and would not listen to him.

IV. Red Sea Bar & Restaurant Submissions [44] The representative for the Licensee, Samuel Angesom Negash, gave evidence on behalf of Red Sea Bar & Restaurant and called one witness: B.Y., Owner/Operator of Red Sea Bar & Restaurant

[45] The following is a summary of the evidence provided by Mr. Negash and Mr. Y. [46] Mr. Y advised that he has been operating Red Sea Bar & Restaurant for approximately one year and six months. Aside from himself and Mr. Negash, the licensed premises has two staff members who work in the morning and servers who work in the evening.

[47] Mr. Y stated that Mr. Negash trains the staff, and he explains to them when liquor service must stop and at what time patrons must exit the licensed premises by.

[48] When asked by the Panel whether AGLC offered the Licensee any training or education after the incidents in May and September 2023, Mr. Negash stated that nothing was offered and he did not request any training or education.

[49] When asked by Regulatory Services whether the Licensee has been spoken to regarding allowing patrons in the licensed premises after hours and serving liquor after hours prior to the incident on December 3, 2023, Mr. Y confirmed that the Licensee spoke with AGLC twice and received two incident reports. He further stated that he was present for two of three incidents.

[50] When asked by Regulatory Services to describe what processes were put in place to ensure that no further violations of the Act and AGLC’s policies would occur, Mr. Y advised that he and Mr. Negash started making plans to put security measures in place before the incident on December 3, 2023. Mr. Negash also stated that they will hire more staff and security personnel.

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[51] Mr. Negash and Mr. Y contended that before the inspectors arrived, Red Sea Bar & Restaurant had been cleaned and was closed for service. The chairs were on top of the tables, everybody was ready to leave, and they were arranging for taxis and Ubers for the patrons.

[52] When asked by Regulatory Services to explain why there was a delay in letting the inspectors enter Red Sea Bar & Restaurant when they knocked on the door: Mr. Y stated that he was busy and advised that whenever someone knocks on the door at around that time, he assumes it is more patrons wanting to enter the licensed premises; and Mr. Negash stated that he initially assumed it was patrons knocking on the door, but when he saw a flash of light, he thought it was the police and then opened the door.

[53] With respect to the two patrons who were outside smoking and re-entered Red Sea Bar & Restaurant at approximately 3:35 a.m., Mr. Y said that he did not notice them because he was busy. He further stated that they may have been waiting for a taxi and decided to come back inside until it arrived.

[54] Mr. Y asserted that there were approximately 13 patrons inside of the licensed premises when the inspectors arrived.

[55] Mr. Y stated that the three or four red solo cups seen around the bar contained tap water, and there were no bottles on the tables.

[56]

With respect to the patron who was seen drinking a Budweiser Beer, Mr. Y asserted that: the patron was served the beer before 2:00 a.m.; the patron was hiding the beer from Mr. Y and Mr. Negash; they did not notice the patron drinking the beer because they were busy trying to arrange safe transportation for the patrons; and had they seen him drinking a beer, they would have stopped him.

[57] When asked by Regulatory Services to explain what the receipts were for that the inspectors obtained (Exhibit 1, Tab 2, Attachment 4), Mr. Y stated that: Red Sea Bar & Restaurant serves their patrons first and asks them to pay when they are ready to leave; the receipt for $6.30 was for tap water; and the receipt for $114.45 was for unpaid liquor and food.

[58] When Regulatory Services presented a photo showing a television running and patrons playing cards, smoking shisha and drinking beer (Exhibit 1, Tab 2, Attachment 3) and asked Mr. Y whether it looks like Red Sea Bar & Restaurant is operational, Mr. Y responded that: the patrons were waiting for taxis and playing cards until their transportation arrived; the televisions are typically left running until Mr. Negash and Mr. Y exit the licensed premises; and the shisha belonged to Mr. Negash and Mr. Y.

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[59] When asked by Regulatory Services why there were still patrons in Red Sea Bar & Restaurant at 3:34 a.m. if the Licensee had asked them to leave at 2:45 a.m., Mr. Y advised that: they started calling for taxis at 2:50 a.m.; taxis were delayed that evening; and they allowed the patrons to wait inside of the licensed premises because it was cold outside.

[60] When asked by the Panel what their practices are in terms of encouraging people to leave Red Sea Bar & Restaurant, Mr. Y stated that they normally turn the lights on, however, they were very busy that evening.

[61] When asked by the Panel whether he could provide anything to demonstrate that he was calling taxis for patrons, Mr. Y stated that they usually call taxis by phone, and the drivers know them because they frequently call for taxis.

[62] Mr. Y stated that there was an Uber in the parking lot when the inspectors arrived at Red Sea Bar & Restaurant. He further asserted that he advised one of the inspectors that the patrons were waiting inside of the licensed premises for taxis.

[63] When asked by the Panel why the same sections of the Act were contravened for a third time, Mr. Negash said he is a new business owner, it is unfortunate that this happened again, he has learned from this incident, and the Licensee will put security measures in place.

[64] When asked by the Panel whether he understands the rules that were discussed during the hearing, Mr. Negash confirmed that he did.

[65] When the Panel referred to Mr. Negash’s written statement requesting that they Licensee be given a warning if they are found to have contravened the Act (Exhibit 2) and asked him why he thought the Licensee should only be given a warning after two prior contraventions, Mr. Y stated they are new business owners and paying a fine would make it hard for them to run their business.

V. Summation Regulatory Services [66] Regulatory Services submits that the matters before the Panel are contraventions of sections 71(2) and 71(3) of the Act.

[67] Regulatory Services is of the opinion that the evidence presented by the inspectors is very clear with respect to section 71(2) of the Act: The inspectors gained entry to the premises at 3:35 a.m., there were 23 patrons inside the premises, there was no indication that any of the patrons were in the process of getting ready to leave the premises, the patrons were seated playing cards or watching TV and smoking shisha, the televisions were on, and the sales till was still operational at that time.

[68] With respect to section 71(3) of the Act, Regulatory Services submits that the inspectors testified that they observed a ½ full bottle of beer on the service bar and a male drinking from a Budweiser bottle of beer when they entered the premises at 3:35 a.m. Both observations were documented by way of photographs.

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[69] Regulatory Services is of the opinion that the photograph showing the ½ full bottle of beer on the service bar also shows patrons gathered in a leisurely manner around the service bar, consuming from red solo cups with nothing to indicate that they were in the process of getting ready to leave.

[70] Regulatory Services contends that based on the evidence of the inspectors, it was apparent that the premises was operating when unauthorized to do so, and had the inspectors not attended when they did, there was nothing to indicate when or how late Mr. Negash would have allowed the premises to stay open.

[71] This is the third instance the premises has been found to be operating outside of authorized hours, and on all three occasions, at least one of the owners of the premises has been present and in charge of the premises at the time of the violations.

[72] Regulatory Services takes the position that it is clear from the repeated behavior that the Licensee has not taken adequate steps to ensure that incidents of this nature do not occur.

[73] Regulatory Services contends that there were opportunities for the Licensee to employ security to assist in the removal of patrons or to put simple processes in place to ensure that patrons understood when they had to leave, such as turning on all the lights at the end of the night, switching off all the televisions, making announcements and removing the liquor and shisha.

[74] The hours of operation for a Class A-Minors Allowed licence are stipulated under sections 92(1) and 92(2) of the Gaming, Liquor and Cannabis Regulation (the Regulation), and they allow for all like premises to operate in a competitive manner. Regulatory Services takes the position that when one premises decides to operate outside of the Regulation, it potentially affords them an advantage to gain additional business not granted to its competitors.

[75] Regulatory Services respectfully submits that a breach of 71(2) of the Act and a breach of section 71(3) of the Act occurred and recommends that the original administrative sanctions of a $4,000 fine or 16-day Licence suspension per contravention be upheld.

[76] Regulatory Services also recommends that the premises undergoes a staff training seminar. Red Sea Bar & Restaurant [77] Mr. Negash submits that the Licensee normally pushes their patrons to leave and advises them that the Licensee could be fined by AGLC.

[78] Mr. Negash takes the position that the Licensee contravened the Act in May and September 2023, but on December 3, 2023, the Licensee was trying to fulfill a duty of care to their patrons.

[79] Mr. Negash asks for the Panel’s understanding and for them to consider the circumstances around the delay for taxi service and the cold weather.

[80] Mr. Negash submits that it would be very difficult for the Licensee to pay the fines imposed by Regulatory Services as he has a family to support.

[81] Mr. Negash requests that the administrative sanctions imposed by Regulatory Services be replaced with a warning.

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VI. Analysis [82] The Panel carefully considered the oral and documentary evidence submitted by Regulatory Services and the Licensee in making its finding of fact.

[83] The Panel considered the written witness declarations submitted as evidence by the Licensee. With respect to the declarations written by M.B.G. and S.A.G., the Panel finds that the statements cannot be relied on since there was no opportunity to validate whether these individuals were in fact at Red Sea Bar & Restaurant during the incident on December 3, 2023. Further, they could not be questioned by Regulatory Services and the Panel. With respect to the written statement by Mr. Negash, the Panel finds that he communicated the same evidence orally at the hearing.

[84] With respect to the patrons observed inside of Red Sea Bar & Restaurant during unauthorized hours, the Panel heard evidence from Inspectors Zeniuk and Gomba that they observed 23 patrons in the licensed premises upon entering at 3:34 a.m. and were advised by Mr. Negash that some of the patrons were drunk and refused to leave. Mr. Y submitted that there were approximately 13 patrons in the licensed premises, and the Licensee allowed them to remain inside after authorized hours because taxi services were delayed and it was too cold for them to wait outside.

[85] Based on the photographs presented by Regulatory Services, the Panel finds that were at least 13 patrons in Red Sea Bar & Restaurant during unauthorized hours. The photographs show that the patrons were gathered in a leisurely manner throughout the bar drinking, watching television, playing cards and smoking shisha, indicating they were not getting ready to leave (Exhibit 1, Tab 2, Attachments 1 and 3). Further, Regulatory Services presented three bills found in the POS system with timestamps after 3:00 a.m. (Exhibit 1, Tab 2, Attachment 4). The Panel finds that Red Sea Bar & Restaurant was operating and allowed a significant number of patrons to remain in Red Sea Bar & Restaurant well after authorized hours. Further, by failing to ensure that all outstanding bills were paid before 3:00 a.m., leaving the lights turned low and allowing the televisions to run, the Panel finds that the Licensee did not take all reasonable steps to encourage the patrons to leave the licensed premises by 3:00 a.m.

[86] While the Panel understands that the Licensee was faced with a difficult situation given the frigid temperatures and the alleged taxi service delay, the Panel finds that the Licensee ought to have communicated to the patrons shortly after last call that they needed to start arranging for transportation and started calling for taxi service well before 2:50 a.m. for any patrons who required assistance.

[87] As such, the Panel finds that the Licensee contravened section 71(2) of the Act. [88] With respect to the patron who was observed consuming a bottle of Budweiser beer, Mr. Y submitted that the patron was hiding it from him and Mr. Negash and would have confiscated the beer had he seen it. The Panel finds that based on the photograph provided by Inspectors Zeniuk and Gomba, the patron was openly consuming the beer and did not appear to be making any effort to conceal it (Exhibit 1, Tab 2, Attachment 3). Further, the Panel finds that it is the responsibility of the Licensee to ensure that patrons are not consuming liquor after authorized hours.

[89]

As such, the Panel finds that the Licensee contravened section 71(3) of the Act.

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[90] The Panel agrees with Regulatory Services that operating outside of authorized hours provides a licensee with an unfair competitive advantage versus other liquor licensees who choose to abide by the rules.

[91] The Panel finds that Red Sea Bar & Restaurant has had a significant number of sanctions in a 16-month period and shown a lack of regard for the rules. Although Mr. Negash and Mr. Y submitted that they have plans to put security measures in place, the Panel finds that the Licensee had ample opportunity to implement these measures after the first and second infractions. Operating a licensed premises is a privilege and not a right, and the responsibilities associated with being a licensee must be taken seriously.

VII. Finding [92] For the reasons stated above, the Panel finds that Red Sea Bar & Restaurant contravened sections 71(2) and 71(3) of the Act.

[93] For the contravention of section 71(2) of the Act and in accordance with section 94(7)(a) of the Act, the Panel confirms the original administrative sanction imposed by Regulatory Services of a fine of $4,000 or a 16-day suspension of the Class A-Minors Allowed Liquor Licence numbered 784774-1. The fine is to be paid on or before June 25, 2024 or the suspension period served commencing with the normal opening of business on June 28, 2024 and continuing until the normal close of business on July 13, 2024.

[94] For the contravention of section 71(3) of the Act and in accordance with section 94(7)(a) of the Act, the Panel confirms the original administrative sanction imposed by Regulatory Services of a fine of $4,000 or a 16-day suspension of the Class A-Minors Allowed Liquor Licence numbered 784774-1. The fine is to be paid on or before June 25, 2024 or the suspension period served commencing with the normal opening of business on July 14, 2024 and continuing until the normal close of business on July 29, 2024.

[95] The Licensee may make a lump sum payment or pay in installments. The Licensee is directed to contact Regulatory Services to make payment arrangements.

[96] The Panel highly recommends that Red Sea Bar & Restaurant contact Regulatory Services to schedule a staff training seminar.

Signed at St. Albert, this 27 th

day of March, 2024

Len Rhodes, Presiding Member, Hearing Panel

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