Beryl Ford

A hearing was held regarding an Order of Immediate Suspension of the respondent's registration as a gaming assistant.

After several adjournments, the Registrar's Representative advised that the suspension had been lifted.

Consequently, the Board dismissed the Order of Immediate Suspension.

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

The licensee proposed acceptable suspension dates.

The Board ordered the suspension to commence on January 22, 2012, and continue until January 27, 2012.

Following a finding that the licensee contravened subsection 45(1) of Ontario Regulation 719/90 by failing to maintain control over its premises and prevent disorderly conduct, the Board received written submissions to determine the appropriate sanction.

The Registrar sought a 12 to 14-day suspension based on a prior infraction, while the licensee argued against any suspension.

The Board found that a 5-day suspension was appropriate for specific and general deterrence, noting the licensee's failure to propose additional measures to ensure future compliance.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the licensee's liquor licence, alleging that the licensee permitted drunkenness on the premises.

Two inspectors testified that they observed an intoxicated patron yelling and swaying, but did not speak to him or ask staff to remove him.

The licensee's witnesses testified that the patron had been playing pool and was involved in a brief, work-related argument before leaving by taxi.

The Board found that while the patron may have been intoxicated, there was insufficient evidence to prove that the licensee 'permitted' the drunkenness or knew or ought to have known of it.

The allegation was dismissed.

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

During a joint inspection by an AGCO inspector and a police officer, patrons were observed exhibiting signs of intoxication and engaging in disorderly conduct.

The Board dismissed the allegation of selling liquor to an intoxicated person under section 29 of the Act due to insufficient evidence regarding who consumed the alcohol.

However, the Board found that the Licensee contravened subsection 45(1) of the regulations by permitting drunkenness and disorderly conduct on the premises, as staff failed to take reasonable steps to control the patrons.

The Board invited written submissions on penalty.

The Registrar issued a Notice of Proposed Order to revoke the Registrant's registration as a gaming assistant for failing to disclose criminal charges related to a marijuana grow operation on her annual renewal application.

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

The Board accepted the joint submission, ordering that the Registrant's registration be suspended for nine 12-hour shifts and subject to conditions requiring disclosure of workplace discipline and any future criminal charges.

The Registrar issued a Notice of Proposal to revoke the liquor licence of 1648287 Ontario Ltd. (Queen's Tavern) under the Liquor Licence Act.

Following a hearing, the Board agreed to revoke the licence effective June 30, 2011, unless the licensee paid all outstanding retail sales tax owed to the Ministry of Revenue and Finance by that date.

The Registrar's representative confirmed that the taxes were not paid.

Consequently, the Board issued a confirming order revoking the liquor licence.

The applicant applied for a liquor sales licence for a restaurant and nightclub.

The municipality objected, arguing that the licensed premises would not be in keeping with future revitalization plans for the downtown area.

The Board found that the municipality failed to provide independent evidence to support its position and that there were no grounds to disentitle the applicant.

The application was approved subject to conditions requested by the municipality.

The Licensee appealed an Order of Monetary Penalty of $2,500 issued for allegedly exceeding the licensed capacity of its patio, contrary to section 43 of Ontario Regulation 719/90.

During a street festival and following a World Cup soccer game, AGCO inspectors counted 39 persons on a patio licensed for 25.

The Licensee argued the overcrowding was an uncontrollable result of the crowded street preventing patrons from leaving.

The Board rejected this defence, finding the situation foreseeable and that the Licensee failed to take reasonable steps to control the exit or move patrons back inside.

The appeal was dismissed and the penalty upheld.

The Board held a hearing regarding a Notice of Proposal to revoke the liquor licence of Admiral's Post Pub Inc. due to a retail sales tax debt.

The parties had agreed the licence would be revoked unless the debt was paid by June 10, 2011.

The Registrar was subsequently advised that the business was sold and the tax amount was held in trust for the Ministry of Revenue and Finance.

Consequently, the Board issued an amending order dismissing the Notice of Proposal to revoke the licence.

The Board held a hearing regarding a Notice of Proposal to refuse the transfer of a liquor licence to the applicant.

The Registrar was subsequently advised by the Ministry of Revenue that the applicant had met the required conditions.

As agreed, the Board approved the application to transfer the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the respondent's liquor licence for permitting disorderly conduct on the licensed premises.

At the hearing, the parties submitted an Agreement in which the respondent admitted to the violation of section 45(1) of Ontario Regulation 719/90.

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

The licensee requested an amendment to a previous Board decision revoking its liquor licence, seeking to extend the revocation date from May 31, 2011, to June 10, 2011, due to an impending sale of the business.

The Registrar consented to the request.

The Board granted the amendment, ordering the licence revoked effective June 10, 2011, unless the Ministry of Revenue and Finance confirms the outstanding retail sales tax debt of $101,471.83 has been paid in full.

The Registrar issued a Notice of Proposal to revoke the Licensee's liquor licence due to an outstanding tax debt owed to the Ministry of Revenue and Finance.

The Licensee had previously entered into a Memorandum of Understanding to pay the arrears but ceased making payments, leaving a balance of $28,704.02.

The parties agreed this constituted a breach of the Liquor Licence Act.

The Board ordered the Licensee to enter into a new agreement and pay the debt in full by June 30, 2011, failing which the liquor licence would be revoked.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the licensee's liquor licence for failing to remit over $100,000 in retail sales tax.

At the hearing, the parties presented an Agreed Statement of Facts and a Joint Submission on Disposition.

The Board accepted the joint submission and ordered the liquor licence revoked effective May 31, 2011, unless the outstanding tax debt was paid in full before that date.

The Registrar of the Alcohol and Gaming Commission of Ontario sought an adjournment of a hearing regarding the revocation of the registrant's gaming assistant registration.

The adjournment was requested because related criminal charges against the registrant were expected to be resolved shortly, which could impact the Registrar's position.

The registrant consented to the adjournment.

The Board granted the adjournment and ordered that the panel remain seized of the matter.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to refuse the transfer of a liquor licence to the applicant due to an outstanding retail sales tax audit of $57,271.83.

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

The Board found that the applicant breached the Liquor Licence Act by failing to remit collected retail sales tax.

The Board ordered that the transfer application be approved on the condition that the applicant remit $5,000 to the Ministry of Revenue and execute a Memorandum of Understanding regarding the outstanding tax.

The Board previously found that the licensee breached the Liquor Licence Act and ordered a 12-day suspension of its liquor licence.

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

The Board ordered the 12-day suspension to commence on March 22, 2011.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to suspend the liquor licence of the respondent establishment for serving alcohol to a minor without checking identification.

Following a finding of liability in a previous decision, the Board considered the appropriate sanction.

The Registrar sought a 12 to 14-day suspension, while the licensee requested a penalty at the low end of the range, citing its unblemished record and established policies.

The Board found the contravention extremely serious, noting the minor consumed alcohol at the bar in full view of the server for over two hours.

The Board ordered a 12-day suspension of the liquor licence.

The applicant applied for a liquor licence for the Waterfront Dome, a domed structure in Wasaga Beach.

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

The objectors argued that the dome was a temporary structure lacking permanent washrooms and kitchens, and raised concerns about noise.

The Board found that structural and municipal compliance matters are for the Registrar and the municipality to decide, not the Board.

The Board concluded that the objectors failed to prove that issuing the licence would be against the public interest, and approved the application.