A Boston Pizza in St. Catharines could have its liquor licence suspended for 60 days after allegedly intoxicated patrons were involved in a fatal car crash.

The Alcohol and Gaming Commission of Ontario (AGCO) has issued a Notice of Proposal for a 60-day liquor sales licence suspension of the Boston Pizza on Ontario Street in St. Catharines.

The AGCO has reason to believe the licence holder is responsible for several violations of the Liquor Licence and Control Act and its Regulations, contributing to a fatal vehicle crash. 

The Commission says the restaurant continued to serve alcohol to a number of patrons after they showed signs of intoxication the night of December 17th.

It says the customers then left by car and were involved in a single vehicle crash that killed a passenger.

The commission says it found the restaurant responsible for several violations of the Liquor Licence and Control Act, including supplying alcohol to people who are or appear intoxicated.

The Alcohol and Gaming Commission of Ontario (AGCO) says it has moved to suspend the liquor licence of a Boston Pizza in St. Catharines after customers who were allegedly overserved at the location were later involved in a fatal car crash.

In a release Thursday the AGCO says it issued a Notice of Proposal for a 60-day liquor sales licence suspension for the Boston Pizza at 333 Ontario St.

“Following a review, the AGCO has reason to believe the licence holder is responsible for several violations of the Liquor Licence and Control Act … contributing to a fatal vehicle crash,” the AGCO said.

The investigation found that on Dec. 17 and into Dec. 18, 2023, the establishment “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 motor vehicle crash, which resulted in the tragic death of one passenger and injury to another.”

During the probe the AGCO identified the following violations:

• 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.

The Boston Pizza involved can appeal the suspension.

“The AGCO holds liquor licensees to high standards for the safe and responsible sale of alcohol,” the AGCO wrote.

“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.”

Boston Pizza Served Intoxicated Patrons: The Incident

According to the AGCO, on the evening of Sunday, Dec. 17th, and into the early morning hours of Dec. 18th, 2023, a number of patrons were allegedly served alcohol at the Boston Pizza restaurant on Ontario Street in St. Catharines.

The AGCO found that the restaurant allegedly continued to serve the patrons even after they showed signs of intoxication.

After leaving the Boston Pizza, the patrons were involved in a single-vehicle crash that resulted in the death of one passenger and serious injuries to another passenger. The driver of the car was later charged with impaired operation - cause death and impaired operation - cause bodily harm.

AGCO Investigation and Findings

The AGCO investigation concluded that the Boston Pizza violated several regulations, including:

• Serving alcohol to patrons who were, or appeared to be, intoxicated. This is in direct violation of section 32 of the Liquor Licence and Control Act.

• Permitting intoxication on the licensed premises. The investigation found that the restaurant violated regulations 746/21, subsection 43(1) of the Liquor Licence and Control Act, by allowing intoxication to occur on the licensed premises or in adjacent areas under the exclusive control of the licensee.

• Failing to ensure staff had the proper training. According to the AGCO, the restaurant 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, which is a violation of Interim Standard section 4.1.

Responsibility and Consequences

The AGCO has made it clear that they hold liquor licensees to high standards for the safe and responsible sale of alcohol.

Dr. Karin Schnarr, AGCO's CEO and registrar, has stated that “Bars and restaurants have a duty to serve responsibly in order to keep their communities safe and avoid preventable harm. Responsible service saves lives and prevents tragedies like this one.”

The Boston Pizza in St. Catharines has the opportunity to appeal the proposed 60-day suspension to the Licence Appeal Tribunal.

This tragic event is a stark reminder of the importance of responsible alcohol service. Establishments that serve alcohol have a responsibility to their patrons and their community to ensure that they do not serve customers to intoxication or permit intoxication on their premises. It is also imperative that staff are properly trained to recognize the signs of intoxication.

The AGCO will continue to enforce its rigorous standards and hold licensees accountable to ensure the safety of the public.