The Simmering Kettle in Barrie may soon be losing its liquor licence.
The Registrar of the Alcohol and Gaming Commission of Ontario (AGCO) says it has issued an Order of Interim Suspension of the liquor licence at the Bryne Drive restaurant for reasons of public interest and safety.
It says the interim suspension takes effect immediately, while 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.”
The AGCO was advised that on April 7, 2021, Barrie By-Law issued a Part 1 Provincial Offences Notice (PON) to establishment for a breach of a continued Emergency Management and Public Protection Act Order (EMCPA) under the Reopening Ontario Act (ROA), as it remained open for dine-in contrary to the ROA. On April 8, 2021, the Simcoe-Muskoka Public Health Unit (SMPHU) issued a Part 3 Summons for a breach of a continued order under the ROA.
On April 10, 2021, AGCO Compliance Officials attended at the licensed premises to conduct a follow-up inspection and speak with the LOR about the aforementioned incidents. Upon entering the licensed premises, COs noted that staff and patrons were not masked. Before they identified themselves, COs were offered a table for dine-in.
Once they identified themselves as AGCO COs and asked to speak with the person in charge, they were advised that the owner was not at the premises. They explained that they were at the premises to follow up on the SMPHU findings. COs were advised that Public Health was in the day before and that there was a court date and that it was none of the COs business. Staff refused to provide their name to the COs.
The situation escalated very quickly. Patrons gathered and demanded that the COs leave the premises because they were trespassing. They pointed to a sign on the door to that effect. Approximately 7-10 patrons began chanting “get out – get out”. None of the patrons were wearing masks as they moved towards the COs.
The CO advised the Staff member that they were failing to facilitate the inspection and then they departed the premises for their own safety. 3 patrons followed the COs outside and to their cars all the while filming, berating and threatening them. At no time did Staff intervene or attempt to diffuse the situation.
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 Compliance Officials 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 the vast majority of licensees for 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.
https://twitter.com/ASmith89058723/status/1381041584205131781
AGCO suspends and moves to revoke the liquor licence of Simmering Kettle, Barrie https://t.co/Y8BOLB07C2
— Alcohol and Gaming Commission of Ontario (@Ont_AGCO) April 13, 2021