Bruce Miller

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.

The Registrar brought a motion for detailed disclosure regarding the testimony of the Licensee's witnesses in a hearing to suspend a liquor licence.

The Board found the Licensee's previous disclosure was not in compliance with a prior order.

The Board ordered the Licensee to disclose a list of witnesses and a detailed summary of their evidence, and ordered the Registrar to provide a transcript of an inspector's notes.

The Board previously found the Licensee in violation of subsection 45(1) of Ontario Regulation 719/90 and ordered a four-day suspension of its liquor licence.

The Licensee proposed acceptable suspension dates.

The Board ordered the suspension to commence on August 11, 2009, and continue until August 15, 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.

Following a finding that the Licensee violated subsection 45(1) of O.Reg 719/90 by permitting three drunken patrons on its premises, the Board considered the appropriate sanction.

The Registrar sought a seven-day suspension, while the Licensee argued for a maximum of three days, citing its recent opening, cooperation, and extensive remedial measures.

The Board imposed a four-day suspension, balancing the seriousness of the violation with the mitigating factors, including the Licensee's prompt implementation of improved security policies and procedures.

The Board previously found that the Licensee, operating as the Horseshoe Tavern, violated section 29 of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90 in respect of one patron.

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

The Board ordered the liquor licence suspended for six consecutive days commencing August 9, 2009.

The Licensee was found to have violated the Liquor Licence Act by permitting drunkenness and serving an intoxicated patron.

The Registrar sought a 12 to 14-day suspension, citing past suspensions for overcrowding.

The Licensee argued for a warning, noting its 27-year history without intoxication-related infractions.

The Board found the contraventions serious but considered the Registrar's proposed penalty too harsh given the Licensee's long history of compliance regarding intoxication.

The Board ordered a 6-day suspension of the liquor licence.

Following a finding that the licensee violated section 43 of Ontario Regulation 719/90 and a subsequent decision ordering a 10-day suspension of its liquor licence, the Board issued an order setting the dates for the suspension.

The suspension of the licence for T.J.'s Hanger Sports Grill was ordered to commence on July 13, 2009, and continue until July 23, 2009.

The applicant, operating as Memento Cafe, applied to the Alcohol and Gaming Commission of Ontario for an additional licensed capacity of 56 persons.

Resident objectors opposed the application, citing severe parking shortages in the neighbourhood exacerbated by the establishment's patrons, who frequently parked in private lots and refused to move.

The Board found that the applicant had not taken adequate steps to address the parking issue and that the current parking situation negatively impacted neighbouring businesses.

The Board concluded that granting the application for increased capacity would not be in the public interest and denied the application.

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

At the commencement of the hearing, the self-represented licensee requested an adjournment to retain legal representation.

The Registrar did not oppose the request.

The Board granted the adjournment on a peremptory basis, ordered disclosure timelines, and added an interim condition to the licence prohibiting a specific individual from entering the licensed premises.

Following a finding that the licensee violated section 43 of Ontario Regulation 719/90 by exceeding the capacity of its patio, the tribunal held a hearing in writing to determine the appropriate sanction.

The Registrar sought a 12 to 14-day suspension, citing the licensee's lack of cooperation and the public safety risks of overcrowding.

The licensee requested a fine or a 3-day suspension, noting the layout of the premises and recent economic hardships.

The tribunal emphasized that overcrowding is a serious public safety issue 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 liquor licence of the Horseshoe Tavern for allegedly permitting drunkenness and serving an intoxicated patron.

Following a hearing, the Board found the evidence of the AGCO inspectors to be clear and credible, establishing that a male patron exhibited obvious signs of intoxication and was subsequently served two alcoholic beverages.

The Board concluded that the Licensee contravened section 29 of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90, and invited written submissions on penalty.

The Registrar issued a Notice of Proposal to revoke the liquor licence of the Airport Motor Inn for alleged violations of the Liquor Licence Act.

Following an adjournment to resolve a Retail Sales Tax issue, a receiver was appointed and the licence was temporarily transferred to a new entity.

The Registrar subsequently requested to withdraw the Notice of Proposal as it had been rendered moot.

The Board accepted the request and ordered the Notice of Proposal withdrawn.

The Registrar proposed to suspend the licensee's liquor licence based on alleged violations of the Liquor Licence Act and its regulations following an altercation between police and individuals outside the establishment.

The Board found insufficient evidence that the licensee failed to facilitate a police inspection, permitted disorderly conduct on the premises, or failed to take reasonable measures to deter disorderly conduct adjacent to the premises.

The allegations were dismissed.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Circa, a large nightclub in Toronto, alleging a violation of subsection 45(1) of O. Reg. 719/90 for permitting drunkenness.

During a routine inspection, AGCO inspectors and a seconded police officer observed three separate patrons exhibiting pronounced signs of intoxication, including staggering, slurred speech, and passing out.

The Board found the evidence of the enforcement personnel credible and concluded that the Licensee failed to monitor and regulate alcohol consumption or promptly remove the intoxicated patrons.

The Board found the Licensee violated the regulation and invited submissions on penalty.

The Registrar of the Alcohol and Gaming Commission of Ontario alleged that the licensee violated section 43 of Ontario Regulation 719/90 by exceeding the licensed capacity of its patio.

Two AGCO inspectors conducted separate counts using mechanical counters and found 70 and 67 persons on the patio, which had a licensed capacity of 59.

The licensee's staff estimated the number of patrons at 30 to 40 but had not conducted a recent count.

The Board preferred the evidence of the inspectors, finding it more reliable than the staff's estimates, and concluded that the licensee violated the regulation.

The licensee requested an amendment to the dates of a 15-day liquor licence suspension previously ordered by the Board.

With the consent of the Registrar's representative, the Board granted the request and amended the suspension to commence on May 7, 2009, instead of May 5, 2009.

The Board previously found that the licensee breached subsection 45(1) and paragraph 50(c) of O. Reg. 719/90 and ordered a 15-day suspension of its liquor licence.

The licensee proposed acceptable suspension dates.

The Board ordered the 15-day suspension to commence on May 5, 2009, and continue until May 20, 2009.

A hearing was commenced regarding a Notice of Proposal to revoke the respondent's liquor licence due to alleged violations of the Liquor Licence Act.

The mortgagee in possession was added as a party on consent.

The Board granted a 30-day adjournment on consent to allow the respondent and the mortgagee to resolve outstanding retail sales tax matters with the Ministry of Finance.

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

The parties submitted an Agreed Statement of Facts admitting that the respondent permitted unlawful gambling during a private party, failed to illuminate fire exit lights, and permitted intoxicated patrons on the premises.

The Board found the respondent breached the Liquor Licence Act and its regulations.

Taking into account the respondent's prior suspension history and mitigating factors, the Board ordered a 15-day suspension of the liquor licence.