Kelseys in Huntsville will not be serving alcohol from March 18 starting at 9 a.m. to May 2, ending at 2 a.m.
According to the Alcohol and Gaming Commission of Ontario (AGCO), Kelseys will serve a 45-day liquor license suspension for overserving. Initially, the AGCO was seeking a suspension of 60 days.
“The AGCO Registrar has reason to believe that several violations of the Liquor Licence and Control Act, 2019 (LLCA) and its Regulations occurred at this establishment.
On November 4, 2022, it is alleged that a customer at Kelsey’s Huntsville was served and consumed 18 shots of liquor over approximately 3 hours and 45 minutes. During that period, the customer showed increasing signs of intoxication, yet staff continued serving alcohol to the customer until closing time.
The customer left the establishment after last call and drove away in a vehicle. Within minutes, the customer was involved in a major single-vehicle accident and tragically died due to their injuries,” stated the AGCO in a release on February 14, 2024, related to the tragic loss of life of the 22-year-old man from Burk’s Falls.
“The AGCO holds liquor licensees to high standards for the safe and responsible sale of alcohol. 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,” it added.
Following the Notice of Proposal for a 60-day liquor sales licence suspension, Kelseys had 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. It had 15 days to appeal the AGCO Registrar’s action but it waived its right, according to a spokesperson for AGCO.
The AGCO and Kelsey’s subsequently reached a settlement in which the establishment will serve a 45-day liquor sales licence suspension.
“Liquor licensees in Ontario are required to meet their obligations for the safe and responsible sale of alcohol and have a specific duty not to serve customers who are or appear to be intoxicated,” noted the spokesperson via email correspondence with Doppler.
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