Cause and Effect had business licence ‘temporarily’ suspended

A Stoney Creek bar that has been ticketed numerous times for allegedly flouting COVID-19 rules had its business licence temporarily suspended by the city Tuesday.

City of Hamilton licensing manager Monica Ciriello said the suspension of Cause and Effect's business licence could have lasted seven days, but it was lifted Wednesday afternoon. The establishment was back open and serving customers.

Ciriello said the restaurant was reopened after management came back to bylaw with an overview" of how they planned to rectify all of the discrepancies" that have taken place in the last month.

We had an officer swing by (Wednesday) and they did a compliance check to make sure that everything was up and running," she said. And then we lifted their suspension."

Reached Wednesday, Cause and Effect manager Danny Radoman said they were very, very happy that we can serve our community."

The temporary licence suspension came after Hamilton bylaw officers laid four charges under the Reopening Ontario Act (ROA) against the establishment on Friday, March 19.

According to the city, the bar was allegedly serving alcohol past permitted hours, had too many people inside the restaurant, was failing to keep proper contact tracing records and there was a lack of proper masking compliance.

Earlier this month, the city also ticketed the establishment for allegedly exceeding its indoor capacity limit and opening and operating past provincially regulated times - both infractions under the ROA.

Ciriello said Wednesday that lifting the suspension has no impact on the charges laid in the last month and that they are still before the courts. She added that from the city's perspective, the charges are still valid."

When they (bylaw officers) went in there, their notes, their photos, definitely demonstrated that there was a valid violation," she said.

Ciriello also noted there may have been some confusion" about when the new capacity limits for indoor dining in red zones came into effect - leading to the capacity charge.

Ciriello said bylaw officers have visited the location both proactively and reactively" as part of their progressive" enforcement - some of their visits over the last couple of months" have also been spurred by complaints.

There has just been a flagrant disregard of the rules," she said. We're hoping that by working with them as we did (Wednesday) and by having a plan of how they're going to rectify their behaviour to not be in contravention ... they can operate in a safe manner."

Between all six of the ROA charges, the business has racked up $4,500 in COVID-related fines, she added. Each citation under the ROA is worth $750 - charges are not convictions and may be challenged in court.

The bar was also ticketed back in December after they allegedly failed to ensure that a staff member was wearing a face mask inside the establishment and then failed to ask a person not wearing a mask to leave - resulting in tickets under the city's face covering bylaw. Each of those tickets cost $500.

Ciriello said management has been forthcoming" and seem very eager" to make sure they're following COVID regulations moving forward.

But if that doesn't happen and additional violations take place, there are more serious" steps bylaw can take, including a full repeal of their licence, which would trigger a hearing at the licensing tribunal.

We're going to keep them on our radar, and make sure they're following the rules, just like any other business in the community," said Ciriello.

Cause and Effect made headlines last summer after it posted online warnings that a person infected with COVID-19 had visited the bar on July 25, 2020.

News of the case spurred people to share videos online that showed Cause and Effect patrons - some without masks - standing elbow-to-elbow both inside the bar and on a busy patio.

Public health deemed the situation to likely" be low risk at the time - but case counts in Hamilton have increased dramatically since last summer.

COVID-19 variants of concern, which are more infectious and cause more serious illness, were also not in the picture at the time.

In the city's COVID-19 response update Monday, Paul Johnson, director of the city's Emergency Operations Centre, said the rule surrounding collecting contact tracing information is critically" important in the event of an outbreak.

Dr. Elizabeth Richardson, Hamilton's medical officer of health, also reminded residents about the importance of only dining with members of their immediate household as well as following the rules inside bars and restaurants to keep diners and staff safe.

Fallon Hewitt is a Hamilton-based reporter at The Spectator. Reach her via email: fhewitt@thespec.com