Ontario's booze regulator to suspend liquor licence of St. Catharines Boston Pizza after fatal crash

Ontario's alcohol regulator has given notice to an establishment in St. Catharines that its liquor licence will be suspended for several violations of the Liquor Licence and Control Act, 2019 (LLCA) and its regulations.

The violations by Boston Pizza, at 333 Ontario Street in St. Catharines, are believed to have contributed to a fatal vehicle crash last December, the Alcohol and Gaming Commission of Ontario (AGCO) said in a news release on Thursday. 

According to the AGCO, its review has concluded that on Dec. 17 and into the early hours of Dec. 18, 2023, the Boston Pizza in question permitted a number of patrons to become intoxicated and continued to be served alcohol even after demonstrating signs of intoxication. 

The patrons left the premises by car and were subsequently involved in a single-vehicle crash, which resulted in the tragic death of one passenger and injury to another," AGCO said in the release.

"Bars and restaurants have a duty to serve responsibly in order to keep their communities safe and avoid preventable harm," said Dr. Karin Schnarr, AGCO's registrar and CEO.

"Responsible service saves lives and prevents tragedies like this one."

The AGCO says it has identified the following violations by the Boston Pizza based on the information available: 

• Contrary to section 32 of the Liquor Licence and Control Act, liquor was permitted to be sold or supplied to persons who were or appeared to be intoxicated.

• Contrary to the Liquor Licence and Control Act, regulation 746/21, subsection 43(1) the licensee permitted intoxication to occur on the licensed premises or in adjacent areas under the exclusive control of the licensee.

• Contrary to Interim Standard section 4.1, the licensee failed to ensure that persons involved in the sale and/or service of liquor held a valid certificate demonstrating the successful completion of a training course approved by the AGCO Board of Directors.

'Rigorous standards'

An establishment served with a Notice of Proposal has the right to appeal the Registrar's action to the Licence Appeal Tribunal (LAT), an adjudicative tribunal independent of the AGCO and part of Tribunals Ontario.

When contacted by CBC News a duty manager said the general manager and franchisee are the only ones authorized to speak to the media, but neither was available.

The AGCO says it holds liquor licensees to high standards for the safe and responsible sale of alcohol, adding that liquor licence holders must ensure their customers are not served to intoxication or permit intoxication on their premises. 

It is the responsibility of all licensees to ensure their staff are properly trained to recognize the signs of intoxication," the AGCO says.

"The AGCO will continue to enforce our rigorous standards and hold licensees accountable," Schnarr said.

The AGCO says it is committed to ensuring that the alcohol sector operates with honesty, integrity and in the public interest.