Allan Higdon

The Licensee was found to have violated subsection 45(1) of Ontario Regulation 719/90 by permitting an intoxicated patron on the premises.

The Registrar sought a 10-day suspension, while the Licensee requested a warning, citing a clear record and the intervention of a security employee who prevented the patron from driving.

The Board balanced the need for deterrence regarding the staff's failure to notice the intoxication against the Licensee's clear record since 2002, and ordered a 7-day suspension of the liquor licence.

The Board of the Alcohol and Gaming Commission previously found that the licensee breached subsection 45(1) of Ontario Revised Regulation 719/90 and ordered a 7-day suspension of its liquor licence.

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

The Board ordered the 7-day suspension to commence on May 1, 2008 and continue until May 8, 2008.

The Registrar issued a Notice of Proposal to suspend the liquor licence of the corporate licensee.

Following a pre-hearing tele-conference, the Board ordered the licensee to disclose its witness list and detailed summaries of witness evidence to the Registrar ten days prior to the hearing.

The Registrar was also ordered 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 Mana Bar & Lounge based on allegations of permitting drunkenness and failing to clear signs of service and consumption.

At the hearing, the Registrar withdrew the allegation regarding clearing signs of service due to a lack of clear evidence.

After hearing evidence regarding the drunkenness allegation, the parties agreed that a patron involved in a fight outside had briefly entered the premises for safety before being removed by police.

The Board accepted a joint submission to dismiss the drunkenness allegation for insufficient evidence and issued a warning to the licensee regarding its responsibilities to prevent drunkenness and ensure police and inspectors can conduct investigations without patron interference.

At a pre-hearing conference regarding a Notice of Proposal to suspend the liquor licence of Level Night Club, the Board of the Alcohol and Gaming Commission of Ontario ordered mutual disclosure.

The licensee and the Registrar were directed to exchange witness lists, evidence summaries, and further disclosure 14 days prior to the scheduled hearing date.

Following a pre-hearing tele-conference regarding a Notice of Proposal to suspend the liquor licence of Leather Works Pub & Restaurant, the Board ordered mutual disclosure of witness lists, evidence summaries, and documents pursuant to Rule 7 of the AGCO Rules of Practice, to be completed 10 days prior to the scheduled hearing.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice 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 the violation of subsection 45(1) of Ontario Regulation 719/90.

The Board accepted the Joint Submission on Disposition and ordered a 7-day suspension of the liquor licence.

The applicant applied for a liquor delivery service licence after his previous licence expired.

The Registrar issued a Notice of Proposal to review the application, alleging violations of the Liquor Licence Act.

Evidence from an undercover investigation revealed that the applicant continued to operate his liquor delivery service for months after his licence had expired, and also used another unlicenced company to deliver liquor.

The applicant had a history of two prior suspensions.

The Board found that the applicant's blatant disregard for the law demonstrated he lacked the honesty and integrity required to hold a licence.

The application was denied.

The Alcohol and Gaming Commission of Ontario held a pre-hearing conference regarding a Notice of Proposal to suspend the liquor licence of Up & Down Bar Lounge.

The licensee did not attend.

The Board ordered the licensee to disclose its witness list and evidence summaries 14 days before the scheduled hearing.

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

The Licensee was ordered to provide a witness list and detailed summaries of witness evidence, and both parties were ordered to complete further disclosure by February 5, 2008, ahead of the scheduled hearing.

A pre-hearing conference was held regarding a Notice of Proposal to suspend the liquor licence of Manor Entertainment Complex.

The Board ordered both the Licensee and the Registrar to complete mutual disclosure, including witness lists and summaries, 14 days prior to the yet-to-be-scheduled hearing date.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Raxx Billiards & Bar, alleging the licensee permitted drunkenness on the premises contrary to subsection 45(1) of Ontario Regulation 719/90.

A patron was arrested for impaired driving shortly after leaving the establishment and registered a blood alcohol level three times the legal limit.

The Board found that, on a balance of probabilities, the patron was intoxicated while inside the premises and that the licensee permitted drunkenness.

A violation was found, and written submissions on penalty were invited.

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

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition.

The licensee admitted to advertising free liquor, allowing consumption in an unlicensed area, interfering with an inspection, permitting drunken patrons, failing to produce receipts, and purchasing liquor off-licence.

The Board accepted the joint submission and ordered a 30-day suspension of the liquor licence, along with the addition of conditions to the licence regarding record-keeping and access to the basement party room.

The applicant applied for a liquor licence to operate a premises in Fort Frances.

The Registrar issued a Notice of Proposal to review the application, alleging violations of the Liquor Licence Act.

Following a two-day hearing, the applicant requested to withdraw its application.

With the consent of the Registrar, the Board permitted the withdrawal of the application.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the licensee's liquor licence and an interim order suspending the licence.

After a hearing into the allegations, the licensee requested that the interim suspension be rescinded.

The Board found that there was no ongoing concern for public safety and that the suspension was no longer necessary in the public interest.

The Board ordered the interim suspension rescinded and reinstated the liquor licence subject to pre-existing conditions.

The applicant applied for an additional outdoor area with a capacity of 29 persons for its liquor licence.

The Registrar took no position on the application, but produced a petition from objectors who raised concerns about parking, noise, and drunken patrons.

The objectors did not attend the hearing.

The applicant provided evidence that the establishment is well-run, has no history of infractions, and that the patio would not cause significant noise or parking issues.

The Board found that granting the application would not have a negative effect on the community and approved the application.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor license for serving intoxicated patrons.

The parties submitted an Agreed Statement of Facts admitting the breach and a Joint Submission proposing a 21-day suspension, but disagreed on the dates the suspension should be served.

The Board ordered the 21-day suspension to be served during the licensee's busy summer season (June to July) to ensure the sanction was meaningful and effective, rejecting the licensee's request to serve it during the off-season.

The Registrar issued a Notice of Proposal to suspend the liquor licence of a nightclub.

The parties submitted an Agreed Statement of Facts admitting that a patron became drunk and was involved in an altercation resulting in injuries, breaching subsection 45(1) of Ontario Regulation 719/90.

The Board accepted the joint submission and ordered an 18-day suspension of the liquor licence.

The Registrar issued a Notice of Proposal to suspend the liquor licence of The Silver Rail for permitting the consumption of liquor after hours.

The licensee appeared self-represented and agreed to a statement of facts admitting the violation.

The Board accepted the joint submission on disposition and ordered a 14-day suspension of the liquor licence.

The Registrar issued Notices of Proposal to suspend the liquor licence of ODA Restaurant Bar & Grill Inc. and to refuse to remove a condition on the licence.

The parties submitted an Agreed Statement of Facts acknowledging that an unauthorized person obtained and consumed liquor behind the bar, breaching s. 44(1) of Ontario Regulation 719/90.

The Board accepted the Joint Submission on Disposition, ordering a 3-day suspension of the liquor licence and amending the condition to prohibit persons under 19 years of age in the premises after 9:30 p.m.