Allan Higdon

The applicant applied for an additional licensed area for an outdoor patio with a capacity of 48 persons.

Local residents and the condominium corporation objected to the application, citing significant noise issues from the existing indoor premises and concerns that a patio would exacerbate the problem.

The Board heard evidence from acoustic experts for both sides and reviewed the history of noise mitigation efforts by the applicant.

The Board found that the objectors did not meet their onus to demonstrate that issuing the licence would not be in the public interest.

The application was approved subject to strict conditions, including no music on the patio, mandatory security personnel, and restricted hours for the sale and service of alcohol.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposed Order to revoke the Registrant's registration as a gaming supplier (lottery retailer).

The Registrant had failed to disclose numerous convictions under the Criminal Code and the Highway Traffic Act on his applications for registration.

The Board found that the Registrant's lengthy record of convictions and his incomplete disclosure demonstrated a lack of honesty and integrity.

The Board concluded there were reasonable grounds to believe the Registrant would not act in accordance with the law or in the public interest, and ordered the immediate revocation of his registration.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent pub for an alleged violation of section 43 of Ontario Regulation 719/90 regarding overcrowding.

Following an inspection, AGCO inspectors found the upper floor of the premises to be over its capacity of 78 patrons, with counts of 95 and 104.

The Board accepted the inspectors' evidence over the licensee's staff, finding that the area was overcrowded and that the licensee failed to adequately monitor and control capacity.

The Board found the violation proven and invited written submissions on penalty.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence for serving minors and permitting intoxicated patrons on the premises.

The licensee waived its right to legal representation and entered into an Agreed Statement of Facts, admitting to breaches of the Liquor Licence Act and its regulations.

The Board accepted the joint submission and ordered a 16-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued Notices of Proposal to suspend the respondent's liquor licence for permitting drunken patrons on the premises.

The parties submitted an Agreed Statement of Facts admitting to the violations of subsection 45(1) of Ontario Regulation 719/90.

The Board accepted the Joint Submission on Disposition and ordered an 18-day suspension of the liquor licence.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of the Heart & Crown Irish Pub and Restaurant.

The Board ordered both the Licensee and the Registrar to disclose their lists of witnesses, will-say statements, and any other required disclosure at least ten days prior to the scheduled hearing date.

The Board of the Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend a liquor licence.

The Board ordered both the licensee and the Registrar to exchange witness lists, will-say statements, and other disclosure, including a CD of photographs, at least ten days prior to the scheduled hearing date.

At a pre-hearing tele-conference regarding a Notice of Proposal to suspend a liquor licence, the Board ordered both the Licensee and the Registrar to provide mutual disclosure, including witness lists and will-say statements, ten days prior to the scheduled hearing date.

The Registrar's Representative sought an amendment to a pre-hearing order dated October 3, 2008, to more accurately reflect the oral order made at the pre-hearing.

The Board amended the order to require the Licensee to disclose its witness list, will-say statements, and other disclosure ten days before the hearing, and for the Registrar's Representative to complete any further disclosure ten days before the hearing.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Adam Bar and Grill Restaurant for alleged violations of the Liquor Licence Act regulations.

Inspectors observed patrons consuming alcoholic beverages from plastic cups after 3:00 a.m., well past the 2:00 a.m. deadline for service and the 2:45 a.m. deadline for clearing signs of service.

The Board found the inspectors' evidence credible and concluded that the licensee violated both subsection 25(1) and section 29 of O. Reg. 719/90 by serving liquor outside prescribed hours and failing to clear signs of service.

At a pre-hearing regarding a Notice of Proposal to suspend a liquor licence, the Board of the Alcohol and Gaming Commission of Ontario ordered mutual disclosure between the Registrar and the Licensee.

Both parties were ordered to provide will-say statements and other required disclosure ten days prior to the scheduled hearing date.

At a pre-hearing conference regarding a Notice of Proposal to suspend a liquor licence, the Board ordered both the Licensee and the Registrar to disclose their witness lists and detailed summaries of each witness's evidence at least ten days before the scheduled hearing date, pursuant to the AGCO Rules of Practice.

The Alcohol and Gaming Commission of Ontario previously found that the Licensee breached the Liquor Licence Act regulations and ordered a 10-day suspension of its liquor licence.

The Licensee proposed acceptable suspension dates.

The Board ordered the 10-day suspension to commence on December 1, 2008.

The applicant applied for a liquor licence for an indoor area with a capacity of 180 persons.

The Registrar issued a Notice of Proposal to review the application due to objections from the municipality and local business owners.

The objectors raised concerns about crowd control, noise, and security, citing issues with the previous tenant of the premises.

The applicant agreed to abide by a set of conditions proposed by the City of Kitchener to address these concerns.

The Board approved the application subject to the agreed-upon conditions, finding that the past history of the premises should not disentitle a new applicant who has committed to operating responsibly.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to suspend the respondent's liquor licence for allegedly permitting drunkenness and illegal drug use.

Undercover officers observed intoxicated patrons and the open rolling and smoking of marijuana on the premises' patio without staff intervention.

The Board found the evidence of the undercover officers credible and noted the licensee failed to produce surveillance video or staff testimony to contradict it.

The Board concluded the licensee violated the Liquor Licence Act and regulations, and invited submissions on penalty.

The applicant, owner of a service station converted into a billiard hall and coffee bar, applied to remove conditions from his liquor licence that prohibited live or recorded music and restricted hours of sale.

The application was opposed by the Registrar and local residents due to concerns about noise, public urination, and the applicant's hostile behaviour towards neighbours.

The Board found no significant change in circumstances since a previous denial in 2005 and concluded that removing the conditions would adversely affect the residential neighbourhood.

The application was denied.

The applicant applied for an additional outdoor capacity of 31 persons for her licensed premises.

The Registrar issued a Notice of Proposal to review the application due to a public objection.

At the hearing, the sole objector withdrew his objection after the parties agreed to attach specific conditions to the licence regarding the use of the patio area for smoking and socializing.

The Board approved the application subject to the agreed conditions.

The Registrar issued a Notice of Proposal to suspend the liquor licence of PM Eglinton Inc. operating as Philthy McNasty's Restaurant.

The parties submitted an Agreed Statement of Facts admitting that a drunken patron assaulted an off-duty staff member and the ensuing fight spilled onto the street, constituting a breach of subsection 45(1) of O. Reg. 719/90.

The Board accepted the joint submission and ordered a 10-day suspension of the liquor licence.

The Board issued an amending order to correct clerical errors in its previous decision dated July 23, 2008, regarding the liquor licence of 1186540 Ontario Inc. operating as Rack & Q. The amendments corrected the date of an inspector's visit and the number of infractions alleged against the licensee.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the Licensee for alleged violations of the Liquor Licence Act regulations.

An inspector observed an unauthorized patron go behind the service bar to retrieve a purse, and also observed two patrons exhibiting clear signs of intoxication who were not asked to leave.

The Board found the testimony of the inspector credible and preferred it over the conflicting testimony of the Licensee and a patron.

The Board concluded that the Licensee violated subsections 44(1) and 45(1) of O.Reg 719/90 by permitting an unauthorized person behind the bar and permitting drunkenness on the premises.