The Registrar of the Alcohol and Gaming Commission of Ontario proposed a seven-day suspension of the Licensee's liquor licence for alleged violations of sections 43 and 52 of O. Reg. 719/90.
During the Little Italy Festival, liquor inspectors found the Licensee's temporary extended patio was over its permitted capacity of 11 persons.
The Licensee admitted the overcrowding but argued it was an honest mistake based on previous years' capacities of 34 persons.
The Board found a violation of section 43 for overcrowding but dismissed the section 52 allegation regarding the failure to post the licence due to insufficient evidence.
Considering the Licensee's honest mistake, immediate efforts to rectify the situation, and unblemished 10-year record, the Board ordered a two-day suspension of the liquor licence.