Allan Higdon

The Board of the Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of Alibi Roadhouse Inc. The Board issued a procedural order directing the licensee to disclose its witness list, witness summaries, and any expert reports to the Registrar within specified timeframes prior to the hearing.

The Registrar was also ordered to complete any further disclosure ten days before the hearing.

The Board previously found that the Licensee violated section 29 of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90, and ordered a 10-day suspension of its liquor licence.

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

The Board ordered the liquor licence suspended for 10 consecutive days commencing January 4, 2010.

The applicant applied for a liquor licence for a nightclub in Niagara Falls.

Resident objectors initially opposed the application but withdrew their objections after the parties agreed to a set of conditions.

The Alcohol and Gaming Commission of Ontario approved the application subject to the agreed-upon conditions, which included requirements for security personnel, noise control, lighting, and CCTV cameras.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposed Order to revoke the respondent's registration as a gaming assistant.

The respondent had accumulated numerous undisclosed convictions under the Criminal Code and Highway Traffic Act, including impaired driving and assault, and had breached conditions of probation.

Despite a previous opportunity to maintain his registration through counselling, the respondent continued to commit offences.

The Board found that the respondent did not meet the mandatory standards of honesty and integrity required by the Gaming Control Act and revoked his registration.

Following a finding that the licensee permitted drunkenness and served an intoxicated patron, the Board considered the appropriate sanction.

The Registrar sought a 14-day suspension based on a prior record of similar infractions, while the licensee proposed a 3-day suspension, noting new policies such as a five-drink maximum.

The Board found the licensee's recent history of permitting drunkenness aggravating but acknowledged its preventative initiatives.

A 10-day suspension of the liquor licence was ordered.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the respondent's liquor licence for failing to provide receipts for liquor purchases, following reports of NSF cheques to the LCBO.

The licensee did not attend the hearing, which proceeded ex parte.

The Board found the licensee in breach of subsections 45(1) and 45(2) of the Liquor Licence Act for failing to provide information and facilitate an inspection.

The Board ordered a 30-day suspension of the liquor licence.

Subsequent corrigenda amended the dates of the suspension due to extenuating circumstances.

The Alcohol and Gaming Commission of Ontario commenced a hearing regarding a Notice of Proposal to refuse the renewal of a liquor licence.

As the hearing was to be scheduled for continuation, the Board ordered mutual disclosure.

The Licensee was ordered to disclose its witness list and evidence summaries, and the Registrar was ordered to complete any further disclosure, both to be provided 10 days before the next hearing date.

The Board previously found that the licensee breached sections 29, 34(1), and 45(1) of Ontario Regulation 719/90 and ordered a nine-day suspension of its liquor licence.

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

The Board ordered the liquor licence suspended for nine consecutive days from November 5, 2009, to November 14, 2009.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding an appeal by Vansram Limited of an Order of Monetary Penalty in the amount of $2,100.

The Board ordered both the licensee and the Registrar to complete mutual disclosure of witnesses and evidence summaries at least 10 days prior to the scheduled hearing date.

Following a finding that the licensee violated subsection 45(2) of Ontario Regulation 719/90 by permitting illegal drug activity on the licensed premises, the Board held a hearing to determine the appropriate sanction.

The Registrar sought revocation or a further suspension of 14-21 days, arguing the licensee failed to prevent a known drug dealer from operating on the premises.

The licensee argued the 24-day immediate suspension already served was sufficient.

The Board found that while revocation was not warranted, the licensee's failure to implement effective procedures to deter drug activity required a specific deterrent.

The Board ordered an additional 10-day suspension and maintained the previously imposed conditions on the licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the establishment for alleged violations of the regulations, specifically failing to clear signs of service, permitting the removal of liquor from licensed areas, and permitting drunkenness.

The licensee admitted to the contraventions but contested the proposed 14-day suspension.

The Board found that the licensee contravened the regulations based on the uncontested evidence of inspectors who observed patrons consuming alcohol in unauthorized areas and exhibiting pronounced signs of intoxication.

Considering the licensee's admission, remorse, and implementation of corrective measures, the Board determined that a 9-day suspension was the appropriate sanction for specific and general deterrence.

The Registrar sought to suspend the licensee's liquor licence based on an alleged violation of the Liquor Licence Act.

At the hearing, the Registrar's principal witness failed to attend despite being properly summoned.

The licensee brought a motion to dismiss the matter.

The Board granted the motion and dismissed the allegations, finding that proceeding or adjourning would be prejudicial to the licensee who had attended with witnesses and incurred costs.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent establishment for allegedly permitting drunkenness and supplying liquor to an intoxicated person.

Following a hearing, the Board found that a female patron exhibited clear signs of intoxication, including unsteadiness and slurred speech, and had been served alcohol while in that state.

The Board concluded that the licensee breached section 29 of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90, and invited written submissions on penalty.

The applicant applied for a liquor sales licence for the indoor area of its premises.

The Registrar issued a Notice of Proposal to review the application after receiving written objections from local residents.

At the hearing, the objectors withdrew their objections after the parties agreed to a set of conditions.

The Alcohol and Gaming Commission of Ontario approved the application subject to statutory conditions, municipal regulations, and specific consent conditions regarding noise, security, and hours of service.

Following a pre-hearing teleconference regarding a Notice of Proposal to suspend a liquor licence, the Board ordered mutual disclosure between the Licensee and the Registrar.

Both parties were ordered to disclose witness lists, evidence summaries, and any further disclosure pursuant to Rule 10 of the AGCO Revised Rules of Practice at least ten days before the scheduled hearing.

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

The Board issued a procedural order directing both the Licensee and the Registrar to complete mutual disclosure, including witness lists and evidence summaries, at least ten days prior to the scheduled hearing date.

Following findings that the licensee violated the Liquor Licence Act by displaying confrontational behaviour towards AGCO inspectors, the Board determined the appropriate sanction.

The Registrar sought a 21 to 30-day suspension for specific deterrence.

Considering the licensee's lack of prior disciplinary events since 1992, the Board ordered a 21-day suspension of the liquor licence.

The Board determined the appropriate sanction for a corporate licensee found to have violated the Liquor Licence Act by obstructing and acting confrontationally towards AGCO inspectors.

The Registrar sought a 21 to 30-day suspension to serve as a specific deterrent.

Considering the licensee's lack of prior disciplinary history since 1992, but emphasizing the unacceptability of the licensee's contemptuous behaviour towards the inspectors, the Board ordered a 21-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal and an interim suspension order against the licensee operating as Blue Martini.

At the hearing, the parties submitted an Agreed Statement of Facts admitting to multiple instances of overcrowding and an incident where the manager was intoxicated, belligerent, and locked police out of the premises.

The Board accepted the joint submission, ordering the continuation of the licence suspension until September 8, 2009, and imposing conditions including a prohibition on staff consuming alcohol before or during shifts, a requirement to serve drinks in plastic cups, and the delivery of a trespass letter to the local police.

The Registrar sought a 20-day suspension of the Licensee's liquor licence for serving liquor after hours, failing to clear signs of service, and failing to facilitate an inspection.

The Licensee's manager and staff were found drinking after hours on two occasions, and the manager verbally abused and obstructed an inspector.

Acknowledging the establishment's long history of compliance and the Licensee's remorse as mitigating factors, the Board ordered a 14-day suspension of the liquor licence.