Brian J. Ford

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the liquor licence of Club T'Zers following a severe motor vehicle accident involving two patrons.

The Registrar alleged that the licensee permitted drunkenness and served liquor to intoxicated persons.

The Board found that the two patrons were highly intoxicated when they entered the establishment and that the staff knew they were intoxicated but allowed them to remain for 20 to 30 minutes before ejecting them after an altercation.

The Board concluded that the licensee permitted drunkenness contrary to subsection 45(1) of Ontario Regulation 719/90.

However, the Board dismissed the allegation under section 29 of the Liquor Licence Act, finding insufficient evidence that the patrons were actually served or supplied with liquor while on the premises.

Following a hearing where the Board found the Licensee violated the Liquor Licence Act regulations regarding a sleeping patron, the Board ordered a 25-day suspension of its liquor licence.

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

The Board ordered the 25-day suspension to commence on July 6, 2009.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the licensee's liquor licence, alleging a violation of subsection 45(1) of Ontario Regulation 719/90 for permitting an intoxicated patron on the premises.

Two AGCO inspectors testified they observed a patron swaying and vomiting, but neither saw vomit or confirmed intoxication by speaking to the patron.

The licensee's staff testified they investigated the patron, found no signs of vomit or intoxication, and removed him when he became argumentative.

The Board found the inspectors' evidence inconsistent and insufficient to establish intoxication, and dismissed the allegation.

The applicant, owner of Le Voyageur Inn, applied for an increase in licensed capacity for its indoor and outdoor areas.

The Registrar issued a Notice of Proposal to refuse the application based on objections from residents and alleged past violations of the Liquor Licence Act, including service to minors, service to intoxicated persons, and exceeding capacity limits.

At the hearing, the applicant demonstrated that significant investments had been made in the premises and that measures, such as installing security cameras and hiring additional staff for special events, had been implemented to prevent future infractions.

The Board found the applicant to be candid and sincere, noted strong community support, and approved the capacity increase subject to conditions regarding noise restrictions and security staffing.

The Board previously found the Licensee in violation of section 45.1 and subsection 45(1) of O. Reg. 719/90 under the Liquor Licence Act for failing to maintain control of the premises and using excessive force on a patron.

In this decision on sanction, the Board considered the Licensee's poor past record, including a recent 14-day suspension for crowd control issues.

Finding no mitigating factors and emphasizing that the use of force must be lawful, the Board ordered a 25-day suspension of the establishment's liquor licence.

The Licensee sought clarification regarding paragraphs 80(1) and 80(6) of the Board's November 3, 2008 order approving a liquor licence with conditions.

The Registrar opposed any amendment other than correcting typographical errors.

The Board amended paragraph 80(6) to specify that adequate security must be on duty at all times, with a minimum of three people on Thursday, Friday, and Saturday between 12:00 Noon and closing time.

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

The licensee proposed acceptable suspension dates, and the Board ordered the suspension to commence on July 17, 2009.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Arena Entertainment Inc., operating as Circa, alleging that the licensee permitted drunkenness on the premises contrary to subsection 45(1) of O. Reg. 719/90.

During an inspection, AGCO inspectors and OPP officers observed a patron who they believed exhibited signs of intoxication.

The patron was escorted out by security without incident.

The Board found conflicting evidence among the inspectors regarding the patron's level of intoxication and noted that the patron had only been in the busy nightclub for half an hour.

The Board concluded there was insufficient evidence that the licensee knew or ought to have known the patron was intoxicated, and dismissed the allegation.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to suspend the liquor licence of Little Texas Bar & Grill for alleged violations of the Liquor Licence Act regulations.

Following a hearing, the Board found that the Licensee failed to have an adequate plan to deter disorderly conduct by a large crowd of intoxicated patrons in its parking lot on October 8, 2007.

The Board also found that on November 3, 2007, security staff used excessive force to remove a patron and permitted another intoxicated patron to remain sleeping in the premises.

The Board concluded the Licensee violated section 45.1 and subsection 45(1) of O.Reg 719/90 and invited submissions on penalty.

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.

Following a finding that the licensee violated section 43 of Ontario Regulation 719/90, the Board previously ordered a 10-day suspension of its liquor licence.

The licensee proposed acceptable suspension dates.

The Board ordered the 10-day suspension to commence on June 21, 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 for allegedly permitting drunkenness and disorderly conduct by two patrons, contrary to subsection 45(1) of Ontario Regulation 719/90.

The Board found insufficient evidence that the first patron was drunk, noting he was cooperative and had a handicap that explained his physical condition.

For the second patron, the Board found he was drunk due to a combination of alcohol and medication, and the Licensee permitted him to remain on the premises.

However, the Board dismissed the allegation of disorderly conduct, finding the patron's behavior did not rise to the required level.

The Board found a contravention for permitting drunkenness regarding the second patron and invited submissions on penalty.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the establishment for allegedly permitting drunkenness on the premises.

AGCO inspectors observed a female patron sleeping at a booth who appeared intoxicated.

The establishment's staff testified that they had cut the patron off from alcohol service an hour prior when she began showing signs of intoxication, and allowed her to remain on the premises to wait for a safe ride home rather than sending her away alone in a taxi.

The Board accepted the staff's evidence, finding that the establishment took appropriate steps and did not permit drunkenness.

The allegation was dismissed.

Following a finding that the licensee violated section 43 of Ontario Regulation 719/90 by permitting overcrowding on two separate dates, the Board held a hearing to determine the appropriate sanction.

The Registrar sought a 10-day suspension, noting the licensee's prior suspensions for overcrowding and failing to clear signs of service.

The licensee requested a warning, citing mitigating circumstances including the film festival and subsequent changes to its booking practices.

The Board imposed a 10-day suspension, emphasizing the serious safety risks of overcrowding and the need for specific and general deterrence.

Following a finding that the licensee breached the Liquor Licence Act regulations, the Board previously ordered a seven-day suspension of the liquor licence and requested the licensee propose suspension dates.

The licensee proposed acceptable dates, and the Board ordered the suspension to commence on April 20, 2009.

The Board previously found the Licensee violated the Liquor Licence Act regulations regarding patio overcrowding and permitting liquor to be removed from the premises.

The Registrar sought a 20-day suspension, while the Licensee proposed a 7-day suspension.

The Board considered the Licensee's lack of prior record and efforts to control the patio capacity as mitigating factors.

The Board ordered a 7-day suspension, issued a warning, and added conditions requiring signage on the patio regarding capacity and removing alcohol.

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 under section 12 of the Gaming Control Act, 1992.

At the hearing, the respondent appeared on his own behalf and withdrew his request for a hearing.

The Board granted the Registrar's request and ordered the respondent's registration revoked.

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 the Liquor Licence Act regulations.

The allegations included overcrowding on the licensed patio and permitting patrons to remove liquor from the premises.

The Board found that the patio was overcrowded on two occasions, as the number of people physically present exceeded the capacity of nine, even if some were transitory.

The Board also found that the licensee permitted two patrons to remove beer from the licensed patio.

The Board concluded that the licensee violated section 43 and subsection 34(1) of the regulations and invited written submissions on penalty.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the Lobby Lounge and Restaurant for alleged violations of capacity limits under section 43 of O.Reg 719/90.

AGCO inspectors testified that on two separate dates, the main floor of the establishment was significantly overcrowded, exceeding its licensed capacity of 171 patrons.

The Licensee argued that the overcrowding was temporary and caused by patrons exiting a basement party through the main floor.

The Board rejected the Licensee's explanation, finding that the inspectors observed no such movement and that maintaining capacity limits is the Licensee's responsibility.

The Board found the Licensee violated section 43 of the regulation.

The Registrar sought to revoke the liquor licence of Remedy Nightclub following findings that the licensee permitted overcrowding, drunkenness, and minors to consume alcohol.

The licensee admitted to overcrowding but disputed the extent, and proposed a plan to prevent future occurrences.

The Board declined to revoke the licence, instead ordering a 92-day suspension and imposing strict conditions, including a ban on patrons under 19 and mandatory mechanical capacity counting.