Nightclub's appeal of monetary penalty for permitting drunkenness dismissed; staff ought to have known patron was intoxicated.
The applicant nightclub appealed an Order of Monetary Penalty issued by the Registrar of Alcohol and Gaming for permitting drunkenness on its premises, contrary to s. 45(1) of O. Reg. 719/90 under the Liquor Licence Act.
A liquor inspector observed a severely intoxicated patron vomiting at the bar while staff failed to intervene.
The Licence Appeal Tribunal found that the patron was intoxicated and that the nightclub's staff knew or ought to have known of his condition.
The Tribunal upheld the monetary penalty and dismissed the appeal.
1168075 Ontario Ltd. Operating as Grand Night Club v. Registrar of Alcohol and Gaming, 2012 CanLII 46010