Brian J. Ford

The Board previously found that the Licensee, Hejin Lee operating as Sam's Pub, violated subsections 31(1)(c) and 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.

Following a decision ordering an 18-day suspension of the liquor licence, the Licensee proposed acceptable suspension dates.

The Board ordered the liquor licence suspended for 18 consecutive days commencing February 6, 2009.

The Registrar of the Alcohol and Gaming Commission of Ontario sought a sanction against the licensee for violations of the regulations under the Liquor Licence Act, specifically permitting drunkenness and possessing off-licence alcohol.

The Board had previously found the violations occurred.

The Registrar sought an 18-day suspension, noting a recent 10-day suspension for a similar offence, while the licensee requested a 7-day suspension.

The Board agreed with the Registrar, finding no mitigating circumstances, and ordered an 18-day suspension of the liquor licence.

The applicant applied for a liquor licence for a premises in Toronto.

Several residents and associations initially objected to the application.

Prior to the hearing, all objectors except one withdrew their objections after the parties agreed to a set of conditions addressing noise, security, and community impact.

The Board approved the application subject to the agreed-upon conditions.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Remedy Nightclub and suspended it on an interim basis.

Following a multi-day hearing, the Board found that the Licensee committed severe violations of the Liquor Licence Act and its regulations.

Specifically, the Licensee permitted extreme overcrowding, with over 1,400 patrons in a venue licensed for 592, creating a severe public safety hazard.

The Board also found that the Licensee permitted underage drinking and allowed drunkenness and disorderly conduct on the premises.

The interim suspension was continued pending a final decision on penalty.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Remedy Nightclub and an Order to immediately suspend it on an interim basis.

The allegations included permitting minors to consume alcohol, gross overcrowding, and permitting drunkenness and disorderly conduct.

Following a multi-agency task force inspection on Halloween night, officials found the nightclub operating at nearly two and a half times its permitted capacity, creating a severe public safety hazard that required police and fire officials to evacuate the premises.

The Board found that the Licensee violated the Liquor Licence Act and its regulations, and concluded that the Licensee's conduct afforded reasonable grounds for belief that the business would not be carried on in accordance with the law and with integrity and honesty.

The interim suspension was continued pending a final decision on penalty.

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.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the respondent's liquor licence and ordered an immediate interim suspension in the interest of public safety.

Following a hearing, the Board ordered that the interim suspension remain in effect until a final decision is rendered on the matters before it.

Following a finding that the licensee breached subsection 45(1) of Ontario Regulation 719/90, the Board previously ordered a seven-day suspension of the liquor licence and requested the licensee propose suspension dates.

The licensee proposed acceptable dates.

The Board ordered the liquor licence suspended for seven consecutive days from December 17, 2008, to December 24, 2008.

The applicant applied to the Alcohol and Gaming Commission of Ontario to license an outdoor patio for 42 persons at his establishment.

Local residents objected to the application, citing ongoing issues with noise, public intoxication, and property damage.

The Board balanced the residents' concerns against the applicant's economic interests and clean regulatory record.

Finding that the applicant had taken steps to address the neighbours' concerns, the Board approved the application subject to strict conditions, including restricted hours, a ban on patio music, and mandatory security.

Following a finding that the licensee violated subsection 45(1) of Ontario Regulation 719/90 by permitting intoxicated patrons in its establishment, the Board considered written submissions on sanction.

The Registrar sought a 14-day suspension, noting a recent prior suspension for similar violations.

The licensee argued for a 10-day suspension, citing the lack of discernable signs of intoxication.

The Board ordered a 14-day suspension, emphasizing the seriousness of the offence and the need for specific and general deterrence given the licensee's recent history of non-compliance.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to revoke the respondent's liquor licence.

The Board found that the licensee violated s. 6(2)(a) of the Liquor Licence Act by failing to remit retail sales tax to the Ministry of Revenue.

The licensee had an outstanding debt of $143,091.18 and made no reasonable effort to satisfy it.

The Board concluded the licensee could not reasonably be expected to be financially responsible in the conduct of its business and ordered the immediate revocation of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend a liquor licence based on alleged violations of the regulations.

Following a hearing, the Board found that the licensee breached the regulations by permitting an intoxicated patron to remain on the premises and by purchasing beer off licence.

The allegation regarding a third violation was dismissed at the Registrar's request.

The Board invited written submissions on sanction.

Following a finding that the licensee violated subsection 45(1) of Ontario Regulation 719/90 by failing to take measures to ensure an intoxicated patron was safely looked after, the Board received written submissions on sanction.

The Registrar sought a 7-day suspension, while the licensee requested a 3-to-4-day suspension, arguing that staff were being re-educated.

The Board found the licensee's submissions unpersuasive and ordered a 7-day suspension of the liquor licence to serve as a specific and general deterrent.

The Applicant applied for a liquor licence to operate a bar at a location with a lengthy history of disturbances and liquor licence suspensions under previous ownership.

Local residents objected, citing past issues with noise, vandalism, public urination, and drug activity associated with the previous bar and the current residents of the upstairs hotel.

The Applicant proposed a new business model with increased security and a different target demographic.

However, the Board found that the Applicant, whose landlords were the previous operators and relatives, would not be able to maintain independent control of the business to prevent the recurrence of past problems.

The Board concluded that issuing the licence was not in the public interest and denied the application.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend a liquor licence, alleging the licensee failed to facilitate an inspection and permitted disorderly conduct.

Police officers attended the establishment to conduct a liquor inspection, but the licensee initially refused entry to a back room, believing the officers were conducting a criminal search for stolen property and required a warrant.

Once the officers clarified their purpose, the licensee cooperated.

The Board found the officers' evidence inconsistent and preferred the licensee's testimony, concluding there was no obstruction.

The Board also found no evidence that the licensee permitted unruly behaviour.

The allegations were dismissed.

The applicant, owner of a service station converted into a billiard hall and coffee bar, applied to remove conditions from his liquor licence that prohibited live or recorded music and restricted hours of sale.

The application was opposed by the Registrar and local residents due to concerns about noise, public urination, and the applicant's hostile behaviour towards neighbours.

The Board found no significant change in circumstances since a previous denial in 2005 and concluded that removing the conditions would adversely affect the residential neighbourhood.

The application was denied.

Following a finding that the licensee breached the Liquor Licence Act and an order for an 8-day suspension, the Board of the Alcohol and Gaming Commission issued an order setting the specific dates for the suspension of the liquor licence for The James Joyce Irish Pub.

The suspension was ordered to commence on September 30, 2008, and continue until October 8, 2008.

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

Two patrons testified they were intoxicated before entering the establishment and continued to be intoxicated while inside.

Police later found one patron passed out on the sidewalk nearby.

The Board found the patrons' evidence credible and concluded that the Licensee failed to assess their intoxication upon entry or take appropriate steps to remove them.

The Board found a violation of the regulation and invited submissions on penalty.

The applicant applied for a liquor licence for an outdoor patio at a proposed high-end restaurant in Niagara-on-the-Lake.

A local resident objected, raising concerns about potential noise and a lack of parking, citing issues with a nearby pub.

The Board heard evidence from a land use planner and the town planner confirming that the proposed patio complied with zoning by-laws and that parking requirements had been satisfied.

Finding no evidence that the applicant would fail to abide by regulations, the Board approved the application.

The applicant applied for an additional outdoor capacity of 31 persons for her licensed premises.

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

At the hearing, the sole objector withdrew his objection after the parties agreed to attach specific conditions to the licence regarding the use of the patio area for smoking and socializing.

The Board approved the application subject to the agreed conditions.