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SCC Declines To Hear Hell`s Angels Appeal Over Bar License
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Greg Carr
Jan 21, 2014, 9:54:52 PM1/21/14
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LONDON, ON - The former head of London's Hells Angels has failed in a
bid to get the nation's highest court involved in a key provincial
battle over his strip club.
The Supreme Court of Canada dismissed Rob Barletta's leave to appeal an
earlier court decision, sending the precedent-setting contest between
outlaw bikers and the province back to square one - a simple licence
appeal tribunal.
But the mere fact the liquor licence hearing has gone so far in the
court system underlines the high stakes involved.
Since 2009, Ontario has been trying to load new ammunition in its war on
outlaw bikers by getting a precedent-setting ruling to yank the licences
for bars and other businesses run by those with ties to the gangs.
That would be a body blow to gangs using legitimate businesses to raise
or launder money, police and crime experts say.
"From everything we've seen in the last 30 or 40 years, the Hells Angels
is heavily involved in criminal activities, particularly drugs, and
prostitution and extortion and murder. You don't get much more criminal
than that," crime writer James Dubro said Monday.
"While it's not illegal to be a member of a biker gang, it seems to me
common sense you don't want to give liquor licences or any special
privileges or a taxi licence to someone you have good intelligence
information is a professional criminal. It's just common sense."
That view is shared by the Alcohol and Gaming Commission of Ontario. The
province's liquor law bans anyone from a licence if their "past or
present conduct" suggests they won't carry on business with "integrity
and honesty."
Backed by police testimony, the ACGO argued in an earlier hearing
Barletta has to be "100% devoted" to the Hells Angels with a "good
criminal network" and "good aptitude for criminal activity," meaning he
can't carry on his bar and strip club with integrity and honesty.
Barletta has acknowledged he's a full-patch member of the Hells Angels
and a former president of its London chapter.
But his lawyers argue that isn't proof he's breaching the Liquor Act.
Barletta has owned the business for 10 years without breaking any laws
and himself has no criminal record, his lawyers argue.
In 2011, the AGCO's own board ruled Barletta wasn't doing anything
wrong, as far as the strip club was concerned.
The AGCO appealed that decision to Ontario divisional court, but lost.
The AGCO then appealed the divisional court ruling to Ontario's court of
appeal, its highest court, and won.
The appeal court ruled the alcohol board and the divisional court both
made errors in law, and ordered a new hearing in front of Ontario's
Licence Appeal Tribunal.
But Barletta sought leave to appeal that decision to the Supreme Court
of Canada, which dismissed his leave last week.
No date has been set for the appeal tribunal hearing, a spokesperson said.
--
*Read and obey the Bible*
bid to get the nation's highest court involved in a key provincial
battle over his strip club.
The Supreme Court of Canada dismissed Rob Barletta's leave to appeal an
earlier court decision, sending the precedent-setting contest between
outlaw bikers and the province back to square one - a simple licence
appeal tribunal.
But the mere fact the liquor licence hearing has gone so far in the
court system underlines the high stakes involved.
Since 2009, Ontario has been trying to load new ammunition in its war on
outlaw bikers by getting a precedent-setting ruling to yank the licences
for bars and other businesses run by those with ties to the gangs.
That would be a body blow to gangs using legitimate businesses to raise
or launder money, police and crime experts say.
"From everything we've seen in the last 30 or 40 years, the Hells Angels
is heavily involved in criminal activities, particularly drugs, and
prostitution and extortion and murder. You don't get much more criminal
than that," crime writer James Dubro said Monday.
"While it's not illegal to be a member of a biker gang, it seems to me
common sense you don't want to give liquor licences or any special
privileges or a taxi licence to someone you have good intelligence
information is a professional criminal. It's just common sense."
That view is shared by the Alcohol and Gaming Commission of Ontario. The
province's liquor law bans anyone from a licence if their "past or
present conduct" suggests they won't carry on business with "integrity
and honesty."
Backed by police testimony, the ACGO argued in an earlier hearing
Barletta has to be "100% devoted" to the Hells Angels with a "good
criminal network" and "good aptitude for criminal activity," meaning he
can't carry on his bar and strip club with integrity and honesty.
Barletta has acknowledged he's a full-patch member of the Hells Angels
and a former president of its London chapter.
But his lawyers argue that isn't proof he's breaching the Liquor Act.
Barletta has owned the business for 10 years without breaking any laws
and himself has no criminal record, his lawyers argue.
In 2011, the AGCO's own board ruled Barletta wasn't doing anything
wrong, as far as the strip club was concerned.
The AGCO appealed that decision to Ontario divisional court, but lost.
The AGCO then appealed the divisional court ruling to Ontario's court of
appeal, its highest court, and won.
The appeal court ruled the alcohol board and the divisional court both
made errors in law, and ordered a new hearing in front of Ontario's
Licence Appeal Tribunal.
But Barletta sought leave to appeal that decision to the Supreme Court
of Canada, which dismissed his leave last week.
No date has been set for the appeal tribunal hearing, a spokesperson said.
--
*Read and obey the Bible*
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