Allan Higdon

The Registrar of the Alcohol and Gaming Commission of Ontario alleged that the licensee violated subsection 45(1) of Ontario Regulation 719/90 by permitting drunkenness on its premises.

During a routine inspection, police and an AGCO inspector found a highly intoxicated patron passed out at a table.

The licensee's manager claimed ignorance of the Ontario requirement to remove intoxicated patrons and gave contradictory testimony regarding the patron's condition.

The Board found the manager's testimony lacked credibility, accepted the licensee's counsel's acknowledgement that an intoxicated person was on the premises, and found the licensee in breach of the regulation.

The Board previously found that the licensee breached subsection 45(1) and paragraph 50(c) of O. Reg. 719/90 and ordered a 15-day suspension of its liquor licence.

The licensee proposed acceptable suspension dates.

The Board ordered the 15-day suspension to commence on May 5, 2009, and continue until May 20, 2009.

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 parties submitted an Agreed Statement of Facts admitting that the respondent permitted unlawful gambling during a private party, failed to illuminate fire exit lights, and permitted intoxicated patrons on the premises.

The Board found the respondent breached the Liquor Licence Act and its regulations.

Taking into account the respondent's prior suspension history and mitigating factors, the Board ordered a 15-day suspension of the liquor licence.

Following a finding of violations under the Liquor Licence Act and a subsequent decision ordering a seven-day suspension of the licensee's liquor licence, the Board issued an order setting the specific dates for the suspension.

The suspension of the licence for Casual Restaurant Systems Inc., operating as Philthy McNasty's, was ordered to commence on April 14, 2009, and continue until April 21, 2009.

Following a finding that the licensee breached section 43 and subsection 45(2) of Ontario Regulation 719/90, the Board previously ordered a 15-day suspension of its liquor licence.

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

The Board ordered the 15-day suspension to commence on April 1, 2009.

Following a finding that the licensee violated subsection 30(4) of the Liquor Licence Act by failing to prevent a minor from consuming alcohol on the premises, the Board received written submissions on sanction.

The Registrar sought a 7 to 10-day suspension, noting a prior infraction, while the licensee requested a 3-day suspension.

The Board emphasized the licensee's responsibility to monitor all patrons and ensure alcohol is not provided to minors by others.

The Board ordered a 7-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario ordered an interim suspension of the respondent's liquor licence in the interest of public safety.

Following a hearing, the Board ordered that the interim suspension be rescinded subject to the licensee meeting several strict security conditions.

These conditions included maintaining a functional video surveillance system, requiring all patrons to pass through a metal detector, conducting security sweeps, and adhering to entertainment establishment standards.

Following a finding that the Licensee violated the Liquor Licence Act regulations regarding patron safety and security, the Board determined the appropriate sanction.

The Registrar sought a 10-day suspension, while the Licensee argued for 5 days, citing its unblemished record and subsequent remedial actions.

The Board ordered a 7-day suspension of the liquor licence, balancing the seriousness of the breach with the Licensee's lack of prior infractions and proactive steps to improve security.

Following a finding that the licensee violated the Liquor Licence Act by permitting overcrowding and marijuana use on the premises, a hearing was held to determine the appropriate sanction.

The Registrar sought an 18 to 21-day suspension, noting the licensee's prior disciplinary history for overcrowding.

The licensee requested a 7-day suspension, citing financial hardship and pending applications to increase capacity.

The Board emphasized that overcrowding is a serious public safety issue, but acknowledged the licensee's generally effective efforts to control smoking.

The Board ordered a 15-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to suspend the liquor licence of the respondent establishment following multiple incidents of disorderly conduct and altercations in its parking lot.

Police officers testified that they observed numerous intoxicated patrons engaging in fights and other disruptive behaviour, and that the establishment's security staff was inadequate and failed to intervene.

The Board found the testimony of the police officers credible and concluded that the Licensee contravened subsection 45(1) and section 45.1 of Ontario Regulation 719/90 by permitting disorderly behaviour and failing to take reasonable measures to deter such conduct on adjacent property.

Following a finding that the licensee breached subsection 45(1) of Ontario Regulation 719/90, the Board ordered a four-day suspension of the establishment's liquor licence.

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

The Board ordered the suspension to commence on January 19, 2009, and continue until January 23, 2009.

The Registrar of the Alcohol and Gaming Commission of Ontario sought a seven-day suspension of the licensee's liquor licence after the licensee was found to have violated subsection 45(1) of Ontario Regulation 719/90 by permitting illegal gambling on the premises.

The licensee had previously received a warning for a similar violation but continued the activity.

The Board rejected the licensee's argument that the violation was due to a lack of education, noting that the licensee had been explicitly warned.

However, considering that the prize board was for a small group of customers and had no direct pay-out for the licensee, the Board ordered a four-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the licensee's liquor licence due to a long history of failing to remit retail sales tax on time.

The licensee admitted to the non-compliance but pleaded for another chance, promising to close the business if future filings were late.

The Board refused to revoke the licence, noting the drastic effect it would have on the licensee's family, but warned that any future violations could result in immediate revocation.

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 alleged violations of overcrowding and permitting marijuana use.

Following an inspection, AGCO inspectors found the premises significantly over capacity and observed a patron openly smoking marijuana.

The licensee admitted to being over capacity but disputed the extent, and denied knowledge of the marijuana use.

The Board accepted the inspectors' evidence, finding the licensee violated section 43 and subsection 45(2) of Ontario Regulation 719/90, and invited written submissions on penalty.

The applicant applied for a liquor sales licence for an outdoor patio.

The Registrar issued a Notice of Proposal to review the application after receiving objections from local residents regarding potential noise and disturbances.

Prior to the hearing, the applicant and the objectors reached an agreement on conditions to mitigate noise and other concerns.

On consent of the parties, the Alcohol and Gaming Commission of Ontario approved the application subject to the agreed-upon conditions, including restrictions on patio hours, noise levels, and the construction of a noise barrier.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence, alleging violations of the Liquor Licence Act and its regulations regarding underage drinking and permitting drunkenness.

During a joint police and AGCO operation, a 17-year-old patron was found consuming beer on the premises and displaying signs of intoxication.

The Board found that while the Licensee did not directly sell or supply liquor to the minor, nor permit drunkenness, the Licensee failed to adequately monitor the premises.

By allowing the minor to remain on the patio with access to a pitcher of beer for up to two hours, the Licensee permitted a minor to have or consume liquor contrary to subsection 30(4) of the Liquor Licence Act.

The Board previously found that the Licensee breached section 43 of Ontario Regulation 719/90 and ordered a 12-day suspension of its liquor licence.

The Licensee proposed acceptable suspension dates.

The Board ordered the 12-day suspension to commence on January 2, 2009.

The Board previously found the Licensee violated section 43 of O.Reg 719/90 under the Liquor Licence Act by permitting overcrowding on the upper level of its premises.

The Registrar sought a 14-day suspension, noting a previous 10-day suspension for the same infraction.

The Licensee requested a 5 to 7-day suspension, citing immediate remedial steps and the hiring of additional staff.

The Board emphasized the serious public safety risks of overcrowding, particularly in an older building with limited exits.

Balancing the need for specific and general deterrence with the Licensee's corrective actions, the Board ordered a 12-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario alleged that the Licensee permitted unlawful gambling (sports pools) on its premises and failed to ensure a manager held a Smart Serve certificate within 60 days of commencing employment.

The Board found the Licensee violated the gambling prohibition, as the Licensee admitted to running NASCAR and Super Bowl pools for money.

However, the Board dismissed the server training allegation, interpreting section 39 of O. Reg 719/90 as applying only to new employees commencing employment on or after January 1, 2008, whereas the employee in question was an existing employee.

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.

The parties submitted an Agreed Statement of Facts admitting that the licensee permitted approximately 50 people on a patio licensed for 31, and allowed patrons to carry alcoholic beverages up and down stairs without the required washroom and hallway endorsement.

The Board found the licensee breached the regulations and, accepting a joint submission, ordered a seven-day suspension of the liquor licence.