Brian J. Ford

The applicant, Safari Bar and Grill Inc., applied to the Alcohol and Gaming Commission of Ontario to remove conditions on its liquor licence restricting the hours of operation and entertainment on its outdoor patio.

The application was opposed by local residents concerned about noise, parking, and neighbourhood quality of life.

The Board found that the applicant had operated responsibly for twelve years without any infractions and that the neighbourhood circumstances had changed, with nearby establishments operating patios without similar restrictions.

The Board approved the application to remove the hours of operation condition to allow the applicant to compete fairly, but ordered that the conditions prohibiting speakers, canned music, and live entertainment on the patio remain in place.

The Registrar sought a 14-day suspension of the licensee's liquor licence for serving a minor and failing to properly inspect identification.

The Board previously found the licensee violated the Liquor Licence Act in respect of one patron.

Considering mitigating factors, including the licensee's acknowledgment of the error and positive response to past discipline, but also noting the seriousness of serving minors and the licensee's history of violations, the Board ordered an 8-day suspension.

The applicants applied for a liquor sales licence for their restaurant.

Resident objectors opposed the application, raising concerns about drinking and driving due to a lack of local taxi service, security, and alleged contraventions of the regulations regarding multiple businesses and premises used as a dwelling.

The Board found that the applicants were responsible business operators with reasonable plans to develop their food service business.

The Board also found no contravention of the regulations, as the licensed areas were physically and functionally separate from the applicants' dwelling and other businesses.

The application was approved.

The Registrar issued a Notice of Proposal to revoke the licensee's liquor licence for failing to file and pay retail sales tax on time, in breach of section 6 of the Liquor Licence Act.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition, noting that the licensee had paid the arrears in full prior to the hearing.

The Board found a breach of section 6, accepted the joint submission, and ordered that a condition be attached to the licence requiring timely filing and payment of retail sales tax returns for the subsequent seven months.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of The James Joyce Irish Pub for alleged violations of the Liquor Licence Act regarding the service of underage patrons.

During a routine inspection, inspectors found an underage male and an underage female consuming alcohol.

The male had produced false identification which staff failed to properly inspect, as the photo did not resemble him.

The female's identification was not checked, but the evidence regarding her service was based on hearsay and contradicted by the bartender's testimony.

The Board found the Licensee violated the Act with respect to the male patron only, and invited written submissions on penalty.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence based on alleged violations of the Liquor Licence Act and its regulations.

The allegations involved permitting violent conduct by security staff against a patron on November 19, 2006, and permitting drunkenness on December 16, 2006.

The Board dismissed the violent conduct allegation, finding the testimony of the patron and his girlfriend contradictory and preferring the consistent evidence of the establishment's staff.

However, the Board found that the Licensee permitted drunkenness on December 16, 2006, based on the clear and convincing evidence of police officers and liquor inspectors who observed an intoxicated female patron inside the premises.

The applicant applied for a special occasion permit and the removal of conditions previously imposed by the Board.

The Registrar had refused the application due to a 2006 incident involving a large fight, over-service, and underage drinking.

The parties submitted an Agreed Statement of Facts acknowledging the past breaches of the Liquor Licence Act and proposed a joint submission on disposition.

The Board approved the application for the special occasion permit subject to strict conditions regarding security, capacity, hours of service, and the admission of minors.

The Board of the Alcohol and Gaming Commission previously found that the licensee breached subsection 45(1) of Ontario Revised Regulation 719/90 and ordered a 10-day suspension of its liquor licence.

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

The Board ordered the 10-day suspension to commence on June 16, 2008.

The Registrar of the Alcohol and Gaming Commission of Ontario sought a sanction against the Licensee after a finding that the Licensee breached subsection 45(1) of Ontario Regulation 719/90 by permitting a drunken patron in the licensed premises.

The Registrar sought a 14-day suspension due to the Licensee's prior history of similar infractions, while the Licensee argued for a 7-day suspension, noting cooperation and that the patron was removed without incident.

The Board ordered a 10-day suspension of the liquor licence, emphasizing the need for general and specific deterrence given the Licensee's prior record.

The Applicant applied for a liquor licence for a premises that had a history of noise and public order complaints under a previous operator.

The Registrar issued a Notice of Proposal to refuse the application based on past conduct and public interest concerns.

The City of Cambridge and local residents objected to the application.

The Registrar and the Applicant reached an agreement on conditions to address the conduct allegations.

The Board approved the application, finding that the public interest concerns were largely based on the previous operator, and imposed additional conditions to ensure the previous operators were not involved and to mitigate noise.

The Registrar issued a Notice of Proposal to revoke the licensee's liquor licence for providing false information by failing to disclose three business partners.

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

The Board found the licensee breached s. 6(2)(e) of the Liquor Licence Act and ordered a 21-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario alleged that the licensee breached subsection 45(1) of Ontario Regulation 719/90 by permitting an intoxicated person on the premises.

During a routine inspection, an inspector observed a patron with slurred speech, bloodshot eyes, and unsteadiness.

The bartender claimed the patron was not intoxicated and attributed his speech to a strong accent.

The Board preferred the inspector's evidence, noting the bartender did not dispute the inspector's observations at the time.

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

The Registrar issued Notices of Proposal to suspend a liquor licence and refuse its transfer to the Applicant.

Following a hearing, the Board found that the Applicant permitted patrons to consume alcohol in an unlicensed area, failed to clear signs of service after hours, permitted drunkenness, and allowed an unauthorized person behind the bar.

Given these violations and the Applicant's failure to heed warnings, the Board concluded there were reasonable grounds to believe the business would not be carried on in accordance with the law.

The application to transfer the liquor licence was denied.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Embassy Nightclub for alleged violations of the Liquor Licence Act and its regulations.

At the hearing, the parties presented an Agreed Statement of Facts admitting that three drunken patrons were in the licensed premises, in violation of subsection 45(1) of Ontario Regulation 719/90.

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

The parties submitted an Agreed Statement of Facts admitting that drunken patrons were permitted on the licensed premises, in violation of s. 45(1) of O. Reg. 719/90.

Based on a Joint Submission on Disposition, the Board ordered a 15-day suspension of the respondent's liquor licence.

The applicant applied for an additional outdoor area with a capacity of 29 persons for its liquor licence.

The Registrar took no position on the application, but produced a petition from objectors who raised concerns about parking, noise, and drunken patrons.

The objectors did not attend the hearing.

The applicant provided evidence that the establishment is well-run, has no history of infractions, and that the patio would not cause significant noise or parking issues.

The Board found that granting the application would not have a negative effect on the community and approved the application.

Following a hearing where the Board found the licensee in violation of the Liquor Licence Act and ordered a 45-day suspension, the licensee proposed suspension dates.

The Board accepted the proposed dates and ordered the liquor licence suspended for 45 consecutive days from January 14, 2008 to February 28, 2008.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to revoke the respondent's liquor licence for violations including permitting intoxicated patrons and drug trafficking on the premises.

Following a hearing where the violations were established, the Board determined the appropriate sanction.

The Board found the offences serious, noting open drug trafficking and severely intoxicated patrons, but declined to revoke the licence.

Instead, the Board ordered a 45-day licence suspension and imposed strict conditions, including mandatory searches of patrons, increased security, and cooperation with local police.

The Registrar issued a Notice of Proposal to revoke the liquor licence of the Kenricia Hotel and an order to immediately suspend it due to non-compliance with fire and health regulations.

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

The Licensee admitted the premises were not in compliance but noted progress in rectifying fire and electrical deficiencies.

The Board ordered that the interim suspension remain in place until the Licensee completes the required work and obtains fresh agency letters, or until December 24, 2007.

If the work is not completed by that date, the Licensee must surrender the licence.

The Board previously found that the Licensee breached subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act and ordered a three-day suspension of its liquor licence.

The Licensee proposed suspension dates acceptable to the Board.

The Board ordered the suspension to commence on November 28, 2007, and continue until December 1, 2007.