Beryl Ford

The Licensee appealed an Order of Monetary Penalty issued by the Registrar of the Alcohol and Gaming Commission of Ontario for permitting more persons in the licensed premises than the maximum capacity allowed.

The parties submitted an Agreed Statement of Facts admitting that there were up to 275 persons in an area licensed for 196 persons, in violation of section 43 of Ontario Regulation 719/90 under the Liquor Licence Act.

The Board upheld the violation and confirmed the agreed monetary penalty of $2,000.

The applicant applied for an additional outdoor licensed area for its pub and deli.

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

At the hearing, the parties and the resident objectors submitted Minutes of Settlement.

The Board approved the application for an outdoor area of 47 persons, subject to conditions including restrictions on music and hours of service, as agreed upon in the settlement.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the Licensee, operating as All Star Tap & Grill House, alleging violations of the Liquor Licence Act for permitting a minor to consume alcohol and failing to inspect identification.

A 17-year-old patron consumed alcohol at the establishment and later died by suicide.

The Board found the testimony of the Registrar's witnesses, including the minor's companion and AGCO inspectors, to be credible and consistent, establishing that the bartender did not request identification from the minor on the night in question.

The Board rejected the bartender's testimony as not credible and found that the Licensee breached s. 30(4) of the LLA and s. 41(1) of O. Reg 719/90.

The Board invited written submissions on sanction.

The applicant, operator of a fine dining establishment, applied to the Alcohol and Gaming Commission of Ontario to remove a condition on its liquor licence that prohibited amplified music and a dance floor.

The condition had been in place since 2000.

The applicant argued that the condition restricted its ability to host weddings and participate in local festivals, and that the neighbourhood had become increasingly commercialized.

The Board found that the applicant met the onus of proving a material change in circumstances and that removing the condition was not contrary to the public interest.

The application to remove the condition was approved.

The applicant resort applied for an additional licensed outdoor area for its liquor licence.

Local residents and the Town of Collingwood objected, citing a history of severe noise disturbances from previous outdoor events that had only been resolved when the applicant constructed a sound-proof banquet hall.

The Board found the application premature, noting that the applicant had not yet applied for a required site plan amendment from the Town, nor provided necessary noise and acoustical studies.

Concluding that granting the licence without these safeguards was not in the public interest, the Board denied the application.

The Registrar of the Alcohol and Gaming Commission of Ontario issued Notices of Proposal to suspend the liquor licence of Nava Restaurant & Bar for alleged violations of the Liquor Licence Act and its regulations.

The parties submitted an Agreed Statement of Facts admitting that the Licensee permitted intoxicated patrons on the premises, supplied liquor to an intoxicated person, and failed to deter disorderly conduct.

The Board accepted the joint submission and ordered a 14-day suspension of the establishment's liquor licence.

The applicant applied for a liquor licence for a premises operating as St. Louis Bar and Grill.

The application was reviewed due to written objections from local residents.

At the hearing, the parties reached a settlement agreement.

The Board approved the liquor licence application subject to the agreed-upon conditions, which included restrictions on patio hours, smoking, noise barriers, and waste storage.

The applicant applied for a liquor licence for a St. Louis Bar and Grill location.

The Registrar issued a Notice of Proposal to review the application due to public objections.

At the hearing, the applicant and the objectors reached a settlement agreement.

The Board approved the liquor licence application subject to the agreed-upon conditions, which included restrictions on patio hours, smoking, noise barriers, and refuse storage.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the licensee's liquor licence for serving intoxicated patrons.

The parties submitted an Agreed Statement of Facts admitting the breaches and a Joint Submission on Disposition proposing a 25-day suspension.

The Board accepted the joint submission, finding the licensee breached the Liquor Licence Act and its regulations, and ordered a 25-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the Licensee's liquor licence for allegedly permitting an underage person to consume alcohol on the premises.

Police officers observed a young male, known to them to be under 19, drinking beer at the establishment.

The Licensee testified that she had previously checked the patron's British Columbia photo identification, which indicated he was of legal age, and had also observed him drinking with his parents.

The Board found the Licensee's evidence credible and concluded she had been deceived by fake identification.

The allegations were dismissed.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence after police found off-licence liquor on the premises and the licensee failed to provide purchase receipts.

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

The Board accepted the joint submission, finding the licensee breached the Liquor Licence Act and regulations, and ordered a 5-day suspension of the liquor licence.

Following a finding that the licensee violated subsection 45(1) of Ontario Regulation 719/90, the Board ordered a 14-day suspension of its liquor licence.

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

The Board ordered the suspension to commence on August 3, 2010 and continue until August 17, 2010.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Lee's Palace for an alleged violation of section 43 of Ontario Regulation 719/90.

The parties submitted an Agreed Statement of Facts admitting that the licensee permitted 499 people in an area licensed for 442 people.

The Board accepted the joint submission on disposition and ordered a 7-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to suspend the licensee's liquor licence after a drunken patron was found on the premises, violating subsection 45(1) of Ontario Regulation 719/90.

The Board previously found the violation occurred and received submissions on sanction.

The Registrar sought a 14-day suspension, noting a recent 16-day suspension for a similar incident.

The licensee argued against a further suspension.

The Board found the licensee failed to implement sufficient measures to prevent intoxicated patrons and ordered a 14-day suspension of the liquor licence as a specific and general deterrent.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence for allegedly permitting drunkenness in its establishment, contrary to subsection 45(1) of Ontario Regulation 719/90.

AGCO inspectors and police officers observed a patron they believed to be intoxicated based on his swaying, glassy eyes, and odour of alcohol.

The Licensee's security and management staff testified that the patron was not intoxicated, but rather afraid and struggling with a language barrier when confronted by authorities.

The Board found the evidence insufficient to prove on a balance of probabilities that the patron was drunk, noting alternative explanations for his behaviour.

The Board also found that the Licensee had adequate security and monitoring systems in place and did not permit drunkenness.

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 Shooters Sports Bar Inc. for allegedly permitting drunkenness on the premises, contrary to subsection 45(1) of O. Reg. 719/90.

Two AGCO inspectors testified that they observed a patron exhibiting clear signs of intoxication, including slurred speech, bloodshot eyes, and an unsteady walk, after consuming at least six beers over six hours.

The Licensee argued the patron's behaviour was due to his size, dental plates, and a medical condition.

The Board preferred the consistent and credible evidence of the inspectors over the Licensee's staff, noting the Licensee failed to call the patron as a witness despite his presence at the hearing.

The Board found the Licensee knew or ought to have known the patron was intoxicated and therefore violated the regulation.

The Board previously found that the licensee contravened subsection 45(1) of Ontario Regulation 719/90 and ordered an 18-day suspension of its liquor licence.

The licensee was requested to propose suspension dates but failed to do so despite several requests.

Consequently, the Board ordered the 18-day suspension to commence on May 6, 2010, and continue until May 24, 2010.

The Alcohol and Gaming Commission of Ontario held a hearing to determine the appropriate sanction for a licensee found to have permitted violent conduct on its premises, in violation of subsection 45(1) of Ontario Regulation 719/90.

The incident involved bouncers assaulting a patron and management attempting to cover it up.

Considering the severity of the incident, the cover-up, and the licensee's history of previous breaches, the Board ordered an 18-day suspension of the liquor licence as a matter of specific and general deterrence.

Following a finding that the licensee contravened the Liquor Licence Act and a subsequent order for a 12-day suspension, the Board issued an order setting the specific dates for the suspension of the liquor licence.

The suspension was ordered to run for 12 consecutive days from March 31, 2010, to April 12, 2010.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Gojo Restaurant.

Inspectors and police officers attended the premises after hours and were unable to enter because the doors were locked while patrons remained inside.

The licensee admitted to failing to facilitate an inspection under the Liquor Licence Act and violating fire safety regulations.

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