Allan Higdon

The applicant applied for a liquor sales licence for an indoor premises with a capacity of 530 persons.

The hearing was convened due to written objections from local residents.

The matter was resolved when the objectors withdrew their objections and the parties agreed to a set of conditions.

The Board approved the application subject to statutory conditions, municipal regulations, and the agreed-upon conditions, which primarily addressed noise control, security, and neighbourhood communication.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Albert's Hotel, alleging violations of s. 6(2)(d) of the Liquor Licence Act and s. 45(2) of O.Reg 719/90 relating to drug trafficking on the premises.

Following a police raid that uncovered significant quantities of cocaine and other drugs in rooms adjacent to the licensed area, the Board found that the Licensee permitted the distribution of controlled substances by giving a known drug trafficker free access to the hotel as a handyman.

The Board found a violation of s. 45(2) of the Regulation but dismissed the allegation under s. 6(2)(d) of the Act, noting the Licensee's cooperation and subsequent remedial measures.

Written submissions on penalty were invited.

Following a hearing into a Notice of Proposal to suspend a liquor licence, the Board found the licensee had breached several provisions of O. Reg. 719/90.

The Board previously ordered a 10-day suspension and requested the licensee propose dates.

The Board accepted the proposed dates and ordered the suspension to commence on September 14, 2009.

Following a finding that the licensee violated the Liquor Licence Act by purchasing off-licence alcohol and permitting over-consumption, the Board determined the appropriate sanction.

The Registrar sought a 14-day suspension, while the licensee argued for a lesser penalty given its lack of prior disciplinary history.

The Board found the offences serious, noting the licensee gained a competitive advantage and attempted to mislead the Board regarding the off-licence purchases.

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 liquor licence of the corporate licensee operating as Ulster Arms Tavern.

Following an inspection prompted by a complaint of service to minors, inspectors observed an intoxicated female patron being served alcohol and exhibiting signs of severe intoxication.

When confronted, the principal of the licensee became irate, yelled profanities, grabbed an inspector's arm, and threw his liquor licence at them, necessitating police intervention.

The Board found the testimony of the inspectors and police credible and concluded that the licensee breached the Liquor Licence Act and its regulations by permitting drunkenness, supplying liquor to an intoxicated person, and failing to facilitate an inspection.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke and suspend the liquor licence of the respondent nightclub after a patron brought a firearm into the premises and discharged it.

Following an Agreed Statement of Facts and a Joint Submission on Disposition, the Board found the licensee breached section 45.2 of Ontario Regulation 719/90.

The Board ordered a five-day suspension of the liquor licence and imposed extensive security and operational conditions on the licence.

The Registrar alleged that the licensee violated the Liquor Licence Act and regulations by failing to clear signs of service, serving a minor, permitting a minor to consume liquor, failing to check identification, and failing to facilitate an inspection.

The Board found that the licensee breached the regulation regarding clearing signs of service and the Act regarding failing to facilitate an inspection, as the manager's aggressive and intimidating behaviour forced the inspector to leave.

The allegations relating to the minor were dismissed because the minor used subterfuge to obtain alcohol without the knowledge of the staff.

The applicant, operating as Club 147, applied to remove a condition from its liquor licence that required two security personnel on duty on Thursday, Friday, and Saturday nights.

The applicant argued that a downturn in business meant Thursday nights were no longer busy enough to warrant security.

The Registrar agreed that circumstances had changed and proposed modified conditions.

The Alcohol and Gaming Commission of Ontario found that a change in circumstances had occurred and ordered the removal of the original condition, replacing it with new conditions requiring one security person on Thursday nights during the summer and two on Friday and Saturday nights with staggered start times.

The applicant, operating as Karma, applied for an additional outdoor area for 20 persons under the Liquor Licence Act.

Local residents objected to the application, citing existing noise issues from the establishment and neighboring businesses.

The Registrar took no position.

The Board found that the objectors' evidence was largely general and not specific to the applicant, who had a clean record with police and by-law enforcement.

The Board approved the application subject to five noise-control conditions previously imposed by the City of Mississauga.

The Board previously found that the licensee violated subsection 45(1) of Ontario Regulation 719/90 and ordered a 5-day suspension of its liquor licence.

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

The Board ordered the 5-day suspension to commence on June 19, 2009.

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

Following an inspection, inspectors observed three intoxicated patrons in or around the premises and discovered numerous cases of beer purchased off-licence.

The Board found that the licensee violated subsections 31(1)(c) and 45(1) of Ontario Regulation 719/90 by keeping unauthorized liquor for sale and permitting drunkenness.

The allegation under subsection 33(1) was dismissed.

Written submissions on penalty were invited.

Following a finding that the licensee permitted drunkenness on its premises contrary to subsection 45(1) of Ontario Regulation 719/90, the Board held a hearing to determine the appropriate sanction.

The Registrar sought an 8-day suspension, citing the manager's ignorance of Ontario law and failure to care for the patron.

The licensee proposed a 2-day suspension, arguing the manager was trained in Quebec where policies differ.

The Board rejected the licensee's mitigating factors but noted the lack of prior infractions since 1993.

A 5-day liquor licence suspension was ordered.

The applicant, operating as Memento Cafe, applied to the Alcohol and Gaming Commission of Ontario for an additional licensed capacity of 56 persons.

Resident objectors opposed the application, citing severe parking shortages in the neighbourhood exacerbated by the establishment's patrons, who frequently parked in private lots and refused to move.

The Board found that the applicant had not taken adequate steps to address the parking issue and that the current parking situation negatively impacted neighbouring businesses.

The Board concluded that granting the application for increased capacity would not be in the public interest and denied the application.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of the Penalty Box Restaurant.

At the commencement of the hearing, the self-represented licensee requested an adjournment to retain legal representation.

The Registrar did not oppose the request.

The Board granted the adjournment on a peremptory basis, ordered disclosure timelines, and added an interim condition to the licence prohibiting a specific individual from entering the licensed premises.

The Registrar issued a Notice of Proposal to revoke the liquor licence of the Park Hotel following the execution of a search warrant that resulted in the seizure of drugs and the arrest of a co-owner for drug trafficking.

The Licensee conceded that a violation of subsection 45(2) of Ontario Regulation 719/90 occurred.

After considering the evidence of ongoing drug-related and violent incidents at the premises, and the fact that the offending co-owner was allowed to continue working until shortly before the hearing, the Board ordered the immediate revocation of the liquor licence.

The applicant requested a hearing after the Registrar issued a Notice of Proposal to refuse the transfer of a liquor licence.

The applicant failed to attend the hearing, which proceeded ex parte.

Evidence established that the applicant served alcohol after hours, permitted alcohol in unlicensed areas, obstructed inspectors, and continued to sell liquor after a Cease and Desist Order was issued.

The Board found that the applicant's past conduct afforded reasonable grounds for belief that she would not carry on business in accordance with the law and with integrity and honesty under s. 6(2)(d) of the Liquor Licence Act.

The Board upheld the Registrar's proposal to refuse the licence transfer.

The Registrar ordered an interim suspension of the licensee's liquor licence following an incident involving drug activity.

At the hearing to determine whether the interim suspension should continue, the Board found no ongoing pattern of notorious drug activity in recent years.

The licensee had taken measures to prevent drug activity, including installing cameras, firing an involved employee, and banning individuals involved in the incident.

The Board concluded that lifting the interim suspension, subject to conditions, would not compromise the public interest and rescinded the suspension order.

The licensee requested an amendment to the dates of a 15-day liquor licence suspension previously ordered by the Board.

With the consent of the Registrar's representative, the Board granted the request and amended the suspension to commence on May 7, 2009, instead of May 5, 2009.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the respondent's liquor licence and an interim order to immediately suspend it.

At the hearing, the Board granted an adjournment on the agreement of the parties.

The Board ordered that the interim suspension remain in effect until further order.

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 Barefax.

The Board ordered the Licensee and the Registrar to exchange witness lists, evidence summaries, and other disclosure ten days prior to the scheduled hearing.

The Board also directed that a motion by the Licensee be scheduled prior to the hearing date.