Bruce Monteith

The applicant applied for a liquor licence to operate a nightclub.

The Registrar issued a Notice of Proposal to refuse the application based on alleged violations of the Liquor Licence Act, including permitting controlled substances on the premises and failing to provide requested information.

The tribunal found that patrons were permitted to hold or consume controlled drugs on the premises, and that the applicant's principal was evasive and failed to provide required financial information to investigators.

The tribunal concluded that the applicant was disentitled to a licence under paragraphs 6(2)(d) and (f) of the Act.

The application was denied.

A hearing was scheduled regarding a Notice of Proposal to revoke the licensee's liquor licence due to outstanding retail sales tax debt.

At the hearing, the Registrar advised that the licensee had remitted the outstanding debt of $141,036 in full and filed all returns.

The Registrar requested that the Notice of Proposal be withdrawn, and the licensee concurred.

The Board accepted the request and withdrew the Notice of Proposal.

The Board previously found that the licensee breached the Liquor Licence Act and ordered a 7-day suspension of its liquor licence.

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

The Board ordered the 7-day suspension to commence on April 26, 2008.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the liquor licence of the respondent establishment for alleged violations of the Liquor Licence Act and its regulations.

An AGCO inspector observed an intoxicated female patron on the patio and an intoxicated male patron inside the premises who was served alcohol and permitted to stand behind the service bar.

The Board found that the licensee breached section 29 of the Act by supplying liquor to an intoxicated person, and breached the regulations by permitting drunkenness on the premises and allowing a patron behind the bar.

Written submissions on penalty were invited.

The Registrar sought a 28-day suspension of the respondent's liquor licence following a finding that three patrons were permitted to be drunk on the premises.

The Board noted that the licensee failed to participate in the proceeding, demonstrating a disinterest in the licensing regime.

Balancing the need for general and specific deterrence with the licensee's recent clean record, the Board ordered a 21-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 for operating a night club in violation of a municipal zoning by-law.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition, admitting the breach of section 50(a) of Ontario Revised Regulation 719/90.

The Board accepted the joint submission and ordered an 18-day suspension of the liquor licence.

Following a finding that the licensee breached the Liquor Licence Act by permitting drunkenness on its premises, the Board considered the appropriate sanction.

The Registrar sought a 21-day suspension, noting a prior suspension for a similar infraction.

The licensee argued for a 7-day suspension, citing the difficulty of assessing patron intoxication upon entry.

The Board ordered an 18-day suspension, emphasizing the licensee's prior record and its obligation to ensure patrons do not become drunk or remain on the premises once intoxicated.

The Registrar of the Alcohol and Gaming Commission of Ontario sought a 10-day suspension of the licensee's liquor licence for violations of the Liquor Licence Act and its regulations.

The licensee admitted responsibility for the infractions, expressed remorse, and requested a warning only.

The Board found that a 10-day suspension was too severe but determined that a suspension was necessary for specific and general deterrence.

The Board ordered a 7-day suspension of the liquor licence.

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

At the hearing, the parties submitted an Agreed Statement of Facts admitting that patrons were served liquor, fought inside the premises, and severely beat a third patron in the parking lot after being ejected.

The Board found the licensee breached s. 45(1) of O. Reg. 719/90 by permitting violent and disorderly conduct.

Based on a joint submission, the Board ordered an 18-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 Club Gabella Inc. for alleged violations of the Liquor Licence Act and its regulations.

The hearing proceeded ex parte after the licensee failed to attend.

The Board found that the licensee violated subsection 45(1) of Ontario Regulation 719/90 by permitting drunkenness on the premises, based on police evidence of three intoxicated patrons.

However, the Board dismissed allegations of permitting disorderly conduct and failing to ensure an unlawful person did not remain on the premises under subsection 34(1) of the Act, finding insufficient reliable evidence to support those charges.

The Board invited written submissions on penalty.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence, alleging a violation of subsection 45(1) of O. Reg. 719/90 for permitting drunkenness on the premises.

The allegation arose after a patron assaulted a bartender and was subsequently found intoxicated by police outside the establishment.

The tribunal found that the patron had been cut off after showing early signs of intoxication but did not exhibit obvious signs of drunkenness while inside the premises.

The allegation was dismissed.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Barrymore's Inc. following two incidents.

In the first incident, an intoxicated patron was cut off but permitted to remain on the premises, leading to an altercation when he attempted to purchase more alcohol.

In the second incident, an inspector observed three intoxicated patrons on the premises.

The Board found that the Licensee breached subsection 45(1) of Ontario Regulation 719/90 on both occasions by permitting intoxicated persons to remain on the premises.

The allegation of disorderly conduct regarding the altercation was dismissed, as the staff were found to have acted appropriately.

Submissions on penalty were invited.

The Applicant applied for a liquor licence for a banquet and catering facility.

Prior to the licence being issued, police attended the premises and found alcohol being served and consumed after a religious coming-of-age ceremony, without a Special Occasion Permit.

The Board found no evidence of alcohol sales, dismissing the alleged breach of s. 5(1) of the Liquor Licence Act.

However, the Board found that serving alcohol without a licence or permit, knowing one was required, afforded reasonable grounds to believe the Applicant would not carry on business in accordance with the law under s. 6(2)(d).

The application for a liquor licence was denied.

The Registrar issued a Notice of Proposal to revoke the liquor licence of Pegasus Restaurant due to substantial arrears in retail sales tax and a history of unhonoured payment arrangements with the Ministry of Finance.

The Licensee admitted to using collected sales tax to support business operations and failed to demonstrate a viable plan to repay the debt.

The Board found the Licensee lacked financial responsibility and could not be expected to carry on business in accordance with the law and with integrity and honesty.

The liquor licence was revoked.

The applicant applied for additional licensed areas for its premises.

Several objectors, including a condominium corporation and local residents, opposed the application.

At the hearing, the parties presented an agreement whereby the applicant agreed to certain conditions, including soundproofing measures and noise control, in exchange for the withdrawal of the objections.

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

The applicant applied for a liquor licence for its establishment.

Two resident objectors expressed concerns about potential future issues based on experiences with another licensed establishment in the neighbourhood.

Following a recess, the objectors withdrew their objections and requested no conditions on the licence.

The Board approved the application subject to the filing of all usual clearance letters and requirements.

The Board of the Alcohol and Gaming Commission previously ordered a 21-day suspension of the respondent's liquor licence for breaches of the Liquor Licence Act and regulations.

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

The Board ordered the suspension to commence on January 2, 2008, and continue until January 23, 2008.

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

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

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to review a liquor licence application by 6607543 Canada Inc. During an adjournment of the hearing, the Board ordered the applicant, the Registrar, and an objector (Les Suites Hotel) to disclose their witness lists, evidence summaries, and any further documentary disclosure ten days before the hearing recommenced.

Following a finding that the Licensee violated the Liquor Licence Act and regulations by permitting intoxicated patrons, the Board considered written submissions on sanction.

The Board found that the Licensee's staff and management were lax and lacked proper training to prevent infractions.

To serve as specific and general deterrence, the Board ordered a 21-day suspension of the liquor license.