Question

Fact Pattern - Part B: Sentencing Submissions

Case:R v Conner Barr and Quo RestaurantCharges:Charges under theLiquor License Act of OntarioRSO 1990 c.L.19:

Unlawful purchase of liquor, contrary to s.27

Sell liquor to intoxicated person, contrary to s.29

Sell liquor to person under 19 years old, contrary to ss.30(1) (2)Synopsis for Sentencing Submissions on Guilty Plea:

Conner Barr is the owner of Quo Restaurant located in Mississauga. He is 37 years old and is the married father of the two young children. He has been married for 9 years and supports one dependent from a previous relationship. He has no criminal record. Quo Restaurant has been open since 2002. Mr. Barr became the owner in 2005. Previously he worked as a bartender and server and part time disc-jockey.

Quo Restaurant has been cited numerous times for breaches of municipal by-laws. These convictions include excessive noise complaints, staying open after closing hours, serving under-age and intoxicated patrons on premises. In total, there have been 20 violations of municipal by-laws and Liquor License Act infractions over the period of 2012-2018.

The bottles of alcohol seized by the police in this case are estimated to be worth in excess of $50,000. It is estimated that through the illegal purchase of these products the cost to the province and municipality due to lost revenues if between $15,000-$25,000.

There have also been a lot of concerns that unadulterated alcohol has been found to contain excessive traces of chemicals that preserve their longevity beyond the normal period of time that these products are considered fit for consumption.

At the time of his arrest, there were about 25 persons on the premises. A number of them appears to be obviously intoxicated and impaired. At least one patron appeared to be well under 19 years old. Mr. Barr was present as well. He spoke to the police while the search warrant was being executed. He was generally uncooperative and did not seem overly concerned for the wellbeing of his patrons.

As a result of these charges, Quo Restaurant has had its liquor licence suspended by the municipality and is no longer carrying on business. Mr. Barr has been unable to find other employment and is currently in the process of applying for social assistance. His wife is on medical leave from her employment as a law clerk due to an injury to her hand. Since the charges were laid, Mr. Barr has experienced depression and has been referred to a therapist. He has acknowledged a long-standing alcohol and substance addiction and expressed a willingness to attend for counselling. It appears that his parents also had alcohol ad substance abuse issues, but Mr. Barr lost contact with them when he left their house and moved to Mississauga while still a teenager.

As a result of resolution discussions, it is anticipated that the individual defendant, Conner Barr will enter a guilty plea to one count of unlawful purchase of liquor and one count of knowingly selling liquor to a person under the age of 19 years old, contrary to the Liquor Licence Act. The penalty for the unlawful purchase offence is a maximum of $100,000 and/or imprisonment for one year; the penalty for the knowingly selling liquor to a minor is a maximum fine of $200,000 and/or imprisonment for one year. The charge of selling liquor to an intoxicated person against Mr. Barr will be withdrawn at the conclusion of sentencing, and all three charges against the corporate accused, Quo Restaurant, will also be withdrawn.

Prepare to make oral sentencing submissions