HUNTSVILLE KELSEY’S ROADHOUSE ISSUED 60-DAY PROPOSED LIQUOR SUSPENSION AFTER ‘IMPAIRED’ CUSTOMER, 22, DIED IN ACCIDENT

Mark Clairmont | MuskokaTODAY.com

HUNTSVILLE A fatal accident two years ago that claimed the life of a 22-year-old Burk’s Falls customer has led to a proposed liquor licence suspension for a local roadhouse restaurant.

Colton Orr, 22, of Burk’s Falls, died shortly after driving away from Kelsey’s Original Roadhouse on Howland Drive in Huntsville, November 4, 2022.

On Feb. 14 the Alcohol and Gaming Commission of Ontario (AGCO) issued a Notice of Proposal (NOP) for a 60-day liquor sales licence suspension of Kelsey’s Restaurant (1773731 Ontario Ltd.) in Huntsville, Ontario (Kelsey’s Huntsville).

They allege the restaurant served Orr 18 shots of alcohol over approximately three hours and 45 minutes.

Colton Orr, 22, died November 5, 2022 in a single vehicle accident north of Huntsville. The Alcohol and Gaming Commission of Ontario alleges in a suspension notice that Kelsey’s Huntsville staff served him 18 drinks in three hours and 45 minutes before he drove away from the roadhouse restaurant. Photo Colton Orr Facebood page

And that during that time “the customer showed increasing signs of intoxication, yet staff continued serving alcohol to him until closing time.”

Orr left following last call and drove away in a vehicle. Within minutes he was involved in a major single-vehicle accident and tragically died due to their injuries.

Police say the crash occurred on Highway 11, north of Huntsville, shortly after 11:30 p.m. The vehicle rolled into a ditch, ejecting Orr, who was later pronounced dead at the hospital. His death notice said he died November 5, 2022.

Police closed the highway between North Waseosa Lake Road and Novar Road as OPP technical collision investigators and reconstructionists completed their investigation.

Orr was survived by his parents, Tina Moore (Curt) and Stephen Orr
(Lindsay), stepfather and stepmother, eight siblings, and extended family members and friends. He had attended Huntsville High School.

Orr’s death notice reads “Forever twenty-two.”

The AGCO release said it has “reason to believe that several violations of the Liquor Licence and Control Act, 2019 and its Regulations occurred at this establishment.”

The AGCO, which reports to the Ministry of the Attorney General and is responsible for regulating the alcohol, gaming, horse racing, and private cannabis retail sectors, said it 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. The AGCO is committed to ensuring that the alcohol sector operates with honesty, integrity and in the public interest.”

AGCO Registrar and CEO Dr. Karin Schnarr said that all liquor license holders in the province are obligated to safely and responsibly sell alcohol.

“Licence holders have a specific duty not to serve customers who are or appear to be intoxicated and have a responsibility to prevent such tragic events from happening.”

Kelsey’s can appeal the suspension.

An establishment served with a Notice of Proposal has 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.

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