Allan Higdon

The applicant appealed an Order of Immediate Suspension issued by the Registrar under the Gaming Control Act.

At the pre-hearing, the parties advised they had reached a resolution.

The applicant withdrew its appeal and the Registrar withdrew its Order of Immediate Suspension.

The Tribunal ordered the matter concluded and the file closed.

The Board previously found that the licensee contravened the Liquor Licence Act and ordered a five-day suspension of its liquor licence.

The licensee proposed suspension dates which were acceptable to the Board.

The Board ordered the five-day suspension to commence on May 23, 2012.

The Board previously found the Licensee contravened clause 50(c) and subsection 45(1) of O. Reg. 719/90 by failing to maintain a fire exit sign and permitting drunkenness on the premises.

In this decision on sanction, the Board issued a letter of warning for the fire code violation, noting it was corrected.

For permitting drunkenness, the Board imposed a 5-day suspension of the liquor licence, emphasizing the seriousness of the violation and the need for specific and general deterrence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued Notices of Proposal to suspend the liquor licence of Island Mix Restaurant & Lounge based on alleged violations of the Liquor Licence Act and its regulations.

Following a hearing, the Board found that the Licensee violated clause 50(c) of O.Reg 719/90 by failing to maintain a fire exit sign, and subsection 45(1) of O.Reg 719/90 by permitting drunkenness on the premises.

However, the Board dismissed allegations of obstructing an inspection under subsection 45(1) of the Act, finding the delay in opening the door at 4:00 a.m. was reasonable for security reasons.

The Board also dismissed the overcrowding allegation under section 43 of O.Reg 719/90 due to insufficient evidence regarding the capacity count.

Written submissions on penalty were invited.

The Board previously found that the Licensee breached section 29 of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90, and ordered a 20-day suspension of its liquor licence.

The Licensee proposed suspension dates which were acceptable to the Board.

The Board ordered the 20-day suspension to commence on January 2, 2012.

Following a finding that the Licensee served an intoxicated patron who subsequently caused a fatal motor vehicle accident, the Board determined the appropriate sanction.

The Registrar sought a 30-day suspension, while the Licensee proposed 14 days.

The Board weighed the severe consequences of the over-service, the Licensee's lack of awareness and failure to accept responsibility, against mitigating factors including a clean prior record and cooperation with police.

The Board ordered a 20-day suspension of the liquor licence to satisfy principles of general and specific deterrence.

Following a finding that the licensee breached section 43 of Ontario Regulation 719/90, the Board previously ordered a 17-day suspension of the liquor licence.

The licensee proposed acceptable suspension dates.

The Board ordered the liquor licence suspended for 17 consecutive days commencing November 28, 2011.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to revoke the liquor licence of a corporate licensee on the basis that its principal was a full-patch member of the Hells Angels Motorcycle Club.

The Registrar argued that membership in a criminal organization is inherently incompatible with the requirement under the Liquor Licence Act to carry on business in accordance with the law and with honesty and integrity.

The Board declined to revoke the licence, finding that while the Hells Angels is a criminal organization, there was no evidence of any specific past or present conduct by the licensee demonstrating an inability to govern the establishment lawfully.

The licensee had operated the premises without incident or regulatory infractions for ten years.

Following a finding that the licensee contravened section 43 of Ontario Regulation 719/90 by exceeding its licensed capacity, the Board determined the appropriate sanction.

The establishment was found to have 56 persons in an area licensed for 30.

Noting the licensee's chronic history of overcrowding and prior disciplinary record, the Registrar sought a 30-day suspension, while the licensee proposed a 10-day suspension.

Balancing the need for specific and general deterrence with the licensee's expression of remorse, the Board ordered a 17-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent establishment.

The allegations stemmed from an incident where a patron was served five double brandies in 1.5 hours, exhibited signs of intoxication including pulling down his pants, and subsequently drove a vehicle that struck and killed a pedestrian.

The Board found that the patron was intoxicated and that the licensee's staff knew or ought to have known of his intoxication.

The Board concluded that the licensee contravened section 29 of the Liquor Licence Act by serving an intoxicated person and subsection 45(1) of O. Reg. 719/90 by permitting drunkenness on the premises.

Following a finding that the licensee violated the Liquor Licence Act and a subsequent order for a 21-day suspension, the Board issued this order to set the specific dates for the suspension.

The suspension was ordered to commence on September 7, 2011, and continue until September 28, 2011, based on dates proposed by the licensee that were acceptable to the Board.

The Licensee appealed an Order of Monetary Penalty issued by the Registrar for alleged violations of the Liquor Licence Act, specifically that patrons were assaulted by staff and a patron was permitted to be drunk on the premises.

The Board heard evidence from patrons and police officers regarding a fight where a bouncer assaulted two female patrons, and a separate incident where a patron was highly intoxicated and fell down stairs.

The Board found the Registrar's witnesses credible and upheld the violations, confirming the $5,000 monetary penalty.

The applicant applied for a liquor sales licence for a family restaurant and jazz lounge.

The City of Toronto objected, citing concerns about crime in the area and allegations that the applicant was associated with an illegal booze can at a neighbouring property.

The Board found no evidence that the applicant operated the booze can and noted he had no prior violations.

The Board approved the application subject to several conditions, including food service requirements, security cameras, and noise restrictions.

The Board previously found the Licensee in breach of the Liquor Licence Act for permitting drunkenness, selling liquor to an intoxicated person, and permitting a minor to consume liquor.

The Registrar sought a 21 to 25-day suspension, while the Licensee proposed a 14-day suspension.

Given the serious and repetitive nature of the offences, including a previous 21-day suspension in 2003, the Board ordered a 21-day suspension of the liquor licence.

The Corporation of the Town of Smiths Falls applied for a liquor sales licence for the Smiths Falls Memorial Community Centre.

Objections were raised by TriCounty Addiction Services and local residents regarding the potential influence on children and safety concerns.

TriCounty Addiction Services withdrew its objection after the Town agreed to consult them on a new alcohol management policy.

The Board found no reason that issuing the licence would be contrary to the public interest and approved the application.

The Registrar issued a Notice of Proposal to revoke the liquor licence of 1648287 Ontario Ltd. (Queen's Tavern) under the Liquor Licence Act.

Following a hearing, the Board agreed to revoke the licence effective June 30, 2011, unless the licensee paid all outstanding retail sales tax owed to the Ministry of Revenue and Finance by that date.

The Registrar's representative confirmed that the taxes were not paid.

Consequently, the Board issued a confirming order revoking the liquor licence.

The Registrar issued a Notice of Proposal to suspend the respondent's liquor licence for allegedly violating section 43 of Ontario Regulation 719/90 by permitting overcrowding.

Three inspectors attended the licensed premises in response to an anonymous complaint and conducted independent counts, finding between 56 and 58 patrons in an establishment with a licensed capacity of 30.

The respondent argued that they were not over capacity and that the inspectors' counts were improbable given the size of the premises.

The Board found the inspectors' evidence credible and consistent, concluding on a balance of probabilities that the premises was over its licensed capacity.

The Board found a violation of section 43 and invited written submissions on penalty.

The Corporation of the Town of Smiths Falls applied for a liquor sales licence for the Smiths Falls Memorial Community Centre.

The Registrar issued a Notice of Proposal to review the application after receiving objections from TriCounty Addiction Services and a local resident.

Following a hearing, the Board approved the application, with reasons to follow.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the licensee's liquor licence for breaching a condition requiring the use of a metal detector on all entering patrons.

At the hearing, the parties presented an Agreed Statement of Facts in which the licensee admitted that security personnel failed to use a metal detector on December 18, 2010.

The Board accepted the joint submission on disposition and ordered a nine-day suspension of the liquor licence.

The applicant applied for a liquor licence for a sushi restaurant.

The City of Toronto and local residents objected due to concerns about noise, parking, and the concentration of licensed establishments in the area.

At the hearing, the applicant agreed to reduce the capacity from 328 to 140 persons and accepted 13 conditions proposed by the City and the resident objector, including restrictions on noise, food service, and future expansions.

Based on the applicant's cooperation and the agreed conditions, the objections were withdrawn and the Board approved the liquor licence.