Brian J. Ford

The Registrar of the Alcohol and Gaming Commission of Ontario sought to revoke the liquor licence of a nightclub based on multiple alleged violations of the Liquor Licence Act and its regulations.

Following several undercover and routine inspections, inspectors observed intoxicated patrons, illegal drug use and trafficking, and the consumption of alcohol in an unlicensed outdoor smoking area.

The Board found that the smoking area was under the exclusive control of the Licensee and therefore part of the premises.

The Board concluded that the Licensee committed numerous violations of the regulations by permitting drunkenness, illegal drug activity, and alcohol in an unlicensed area.

The Board invited written submissions on penalty.

The applicant applied for a liquor licence for a proposed saloon and barber shop.

Local residents and the municipal councillor objected, citing concerns about noise, traffic, parking, and the character of the neighbourhood.

The Board found that the objectors' concerns were based on conjecture and noted that there were already larger licensed establishments in the area without issue.

The Board approved the application, subject to the applicant meeting all municipal licensing requirements.

The Registrar issued a Notice of Proposal to suspend the liquor licence of LJBD Incorporated operating as LOLA.

The parties submitted an Agreed Statement of Facts admitting to rats in the premises, a snake in a liquor bottle, and missing receipts.

The Board accepted the joint submission and ordered a 10-day suspension of the liquor licence, along with a condition prohibiting a former partner from involvement in the business.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Kenricia Properties Inc. and an order to immediately suspend the licence.

At a hearing on October 4, 2007, the Board adjourned the matter to October 22, 2007.

The Board ordered the licensee to disclose its witness list and evidence summaries to the Registrar's Representative by October 17, 2007, and ordered the Registrar's Representative to complete any further disclosure by the same date.

The Board previously found that the licensee violated s. 45(1) of O. Reg. 719/90 by failing to prevent a patron from becoming drunk and failing to promptly remove them from the premises.

In this decision on sanction, the Registrar sought a 7 to 10 day suspension, while the licensee argued for a warning.

The Board emphasized the seriousness of drunkenness on licensed premises and the need for general and specific deterrence.

Noting the licensee's lack of prior adverse history, the Board ordered a three-day suspension of the liquor licence.

The Alcohol and Gaming Commission of Ontario previously found that the licensee breached subsection 45(2) of the Liquor Licence Act and ordered a 10-day suspension.

The licensee proposed acceptable dates.

The Board ordered the suspension to commence on September 11, 2007.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to revoke the liquor licence of West Side B.B.Q. Restaurant.

The City of Toronto intervened in support of the revocation.

The Board heard evidence from police and community members regarding open drug trafficking, intoxicated patrons, and the negative impact of the establishment on the neighbourhood.

The Board found that the licensee permitted drug trafficking and drunkenness on the premises, and kept liquor not purchased under licence.

Concluding that the licence was not in the public interest, the Board ordered its immediate revocation.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor license of Rol Jui Seafood Restaurant for multiple violations, including serving alcohol after hours, failing to clear signs of service, permitting drunkenness, and obstructing an inspection.

Undercover inspectors were served beer in teapots after hours, and staff attempted to conceal evidence and block inspectors.

Given the licensee's history of similar violations and recent suspensions, the Board found the licensee unmanageable and ordered the immediate revocation of the liquor license.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Club 924 Social Group, operating as Andy Kapps Pub.

The Registrar alleged multiple breaches of the Liquor Licence Act and its regulations, primarily stemming from the club's use of unpaid member volunteers to serve alcohol, which the Registrar argued violated the requirement for employee supervision.

The Board found that the volunteers, who were under the direction and control of the licensee and had Smart Serve training, qualified as employees within the meaning of the legislation.

Most allegations, including contracting out, unauthorized persons behind the bar, failing to facilitate an inspection, and failing to post signs, were dismissed.

However, the Board found a single breach for permitting drunkenness based on the inspector's observation of an intoxicated patron.

Written submissions on disposition were requested.

Following a finding that the Licensee violated subsection 45(2) of the Liquor Licence Act by failing to facilitate a police inspection of a locked liquor storage area, the Board held a hearing on sanction.

The Registrar sought a 21-day suspension, noting prior warnings, while the Licensee requested a caution.

Emphasizing the seriousness of the offence and the need for deterrence, the Board ordered a 10-day suspension of the liquor licence.

The Registrar proposed to revoke the Licensee's liquor licence based on two alleged incidents of permitting drunkenness and disorderly conduct.

For the first incident, the Board found insufficient evidence that the intoxicated individuals had been drinking at the licensed premises.

For the second incident, the Board found that the Licensee's staff acted reasonably by refusing service to an intoxicated patron and calling the police when he refused to leave.

The allegations were dismissed.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the liquor licence of the Merchant Tap House for violations of the Liquor Licence Act regulations.

The parties submitted an Agreed Statement of Facts admitting that the licensee of record was intoxicated and involved in an altercation on the premises, and that a drunken patron was permitted on the premises on another occasion.

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

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of the corporate licensee for alleged violations of the Liquor Licence Act and its regulations.

Following a hearing where the licensee's representative waived the right to legal counsel, the Board ordered the immediate revocation of the liquor licence, with written reasons to follow.

The Registrar proposed to revoke the liquor licence of a pizzeria after undercover police officers repeatedly purchased cocaine from the licensee's father, who was working in the premises.

A search warrant also uncovered a significant quantity of cocaine and drug paraphernalia.

The Board found that the licensee knew or was wilfully blind to the drug activities, constituting a breach of the regulations and affording reasonable grounds to believe the business would not be operated with integrity and honesty.

The Board ordered the immediate revocation of the licence, rejecting the licensee's request to voluntarily surrender it.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the Phoenix Theatre for permitting drunken patrons on the premises.

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

The Board accepted the joint submission and ordered a 17-day suspension of the liquor licence.

The applicant applied for a liquor licence for an indoor area of a restaurant.

The Registrar issued a Notice of Proposal to review the application, alleging the applicant operated without a licence in violation of s. 5(1) of the Liquor Licence Act.

The applicant admitted to the violation, and the Registrar sought only a warning.

Several neighbourhood residents objected to the application, raising concerns about a licensed patio, noise, and parking.

The Board noted the application was for an indoor area only and that the applicant had operated a similar establishment responsibly for 15 years.

The Board approved the licence subject to a condition ceasing liquor sales at midnight from Sunday to Thursday, and issued a warning regarding the prior violation.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Hoang Viet Billiards.

The parties submitted an Agreed Statement of Facts admitting that a fight occurred on the premises and that police and inspectors were delayed entry due to locked doors while patrons were inside.

The Board accepted the joint submission, ordering a 14-day suspension of the licence and adding a condition that doors remain unlocked while patrons are inside.

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

At the hearing, the parties presented an Agreed Statement of Facts in which the respondent admitted to permitting overcrowding, allowing a patron to remove liquor from the premises, and permitting drunken patrons on the premises.

The Board accepted the joint submission on penalty, ordering a 14-day suspension of the liquor licence and adding a condition requiring all managers, servers, and security staff to complete a Board-approved server training program.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of the respondent.

The hearing proceeded ex parte after the respondent failed to appear.

The Board confirmed its oral order to revoke the liquor licence effective immediately, with written reasons to follow.

The Registrar issued a Notice of Proposal to revoke the respondent's liquor licence.

At the continuation of the hearing, the respondent and their counsel failed to attend, having advised that the business was closed and the licence was being voluntarily surrendered.

The Registrar, not having been instructed to accept the surrender, moved to continue the hearing ex parte.

The Board granted the motion, noting the acute public interest and that the respondent had been advised the hearing would proceed.