Bruce S. Miller

The Board previously found that the Licensee breached subsection 45(1) of the Liquor Licence Act and ordered a seven-day suspension of its liquor licence.

The Licensee proposed suspension dates that were acceptable to the Board.

The Board ordered the liquor licence suspended for seven consecutive days commencing October 17, 2011.

The Licensee appealed an Order of Monetary Penalty issued by the Registrar for alleged violations of the Liquor Licence Act, specifically that patrons were assaulted by staff and a patron was permitted to be drunk on the premises.

The Board heard evidence from patrons and police officers regarding a fight where a bouncer assaulted two female patrons, and a separate incident where a patron was highly intoxicated and fell down stairs.

The Board found the Registrar's witnesses credible and upheld the violations, confirming the $5,000 monetary penalty.

The applicant sought to add a licensed outdoor patio to its existing pub and grill.

Local residents objected, citing a history of late-night noise, disruptive patron behaviour, and harassment by the establishment's manager.

The Board found that while there were legitimate concerns about past management conduct and noise from inside the premises, the patio had operated previously without incident and noise could be mitigated.

The Board approved the application subject to strict conditions, including a reduced capacity, the installation of an acoustic fence, a noise monitor, and restrictions on open doors and outdoor music.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the registration of a lottery retailer after its sole director was charged under the Copyright Act for offering pirated DVDs for sale.

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

The Board found the director did not act with honesty, integrity, and in accordance with the law, and ordered a 10-day suspension of the registration along with specific conditions.

The Licensee appealed an Order of Monetary Penalty issued by the Registrar for allegedly permitting drunkenness on its premises, contrary to s. 45(1) of O. Reg. 719/90 under the Liquor Licence Act.

During an inspection, AGCO inspectors observed four patrons displaying signs of intoxication.

The Board found that while there was evidence some patrons may have been intoxicated, the Registrar failed to prove on a balance of probabilities that the Licensee 'permitted' the drunkenness.

There was insufficient evidence regarding how long the patrons had been on the premises or whether the Licensee failed to take reasonable steps to effect their departure within a reasonable time.

The alleged violations were dismissed and the $4,000 monetary penalty was set aside.

The Licensee was previously found to have contravened the Liquor Licence Act by permitting drunkenness and serving liquor outside prescribed hours.

A 20-year-old patron was served a 32 oz beer after 1:00 a.m., left the premises grossly intoxicated, and drove erratically with a blood alcohol level three times the legal limit.

The Board found the Licensee's conduct negligent and irresponsible, though noted its previous exemplary record as a mitigating factor.

The Board ordered a 15-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the liquor licence of Nancy's Bar & Grill based on allegations of permitting drunkenness and serving an intoxicated person.

The allegations stemmed from two separate incidents.

In the first, police officers responding to an assault complaint observed two patrons who had been drinking, but the Board found insufficient evidence that they were intoxicated or that the Licensee permitted drunkenness.

In the second, AGCO inspectors observed a patron exhibiting bizarre behaviour and signs of intoxication.

The Licensee testified the patron had medical and drug problems and always acted that way.

The Board found the patron was not intoxicated and dismissed all allegations.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the Licensee, operating as Koi Restaurant & Lounge, alleging it permitted drunkenness on the premises contrary to subsection 45(1) of O.Reg 719/90.

The allegation arose after a patron threw a beer bottle at a police cruiser from the premises.

The police officer who investigated the mischief noted signs of impairment in the patron and two companions but did not conduct a liquor investigation or arrest them for public intoxication.

The Board found insufficient evidence to conclude the patrons were drunk or that the Licensee permitted drunkenness, noting the lack of evidence regarding their consumption or conduct prior to the incident.

The allegation was dismissed.

Following a finding that the licensee violated the Liquor Licence Act by permitting overcrowding, failing to position security staff as required, and allowing a patron to openly roll and consume marijuana, the Board held a hearing to determine the appropriate sanction.

The Registrar sought a 30-day suspension, while the licensee argued for a maximum of 5 days.

The Board found the violations serious, particularly the repeated overcrowding and the staff's failure to address open marijuana use.

The Board ordered a 15-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 respondent licensee.

The parties submitted an Agreed Statement of Facts admitting to multiple violations of the Liquor Licence Act and its regulations, including failing to clear signs of service, permitting drunken patrons, serving liquor after hours, and failing to have a manager supervising the premises.

The Board accepted the joint submission, suspending the liquor licence for 28 days and amending the licence conditions to require two licensed security guards.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Melanie Pringle's Restaurant Inc. following an incident where inspectors observed patrons with alcoholic beverages after hours and an employee attempted to conceal the evidence.

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

The Board accepted the joint submission, finding the licensee breached the Liquor Licence Act and its regulations, and ordered a five-day suspension of the liquor licence.

During a hearing to suspend a liquor licence for allegedly serving intoxicated patrons, the Licensee brought a motion for non-suit after the Registrar's case.

The Board dismissed the non-suit motion.

The Registrar then brought a motion arguing that the Licensee should be deemed to have elected not to call evidence because they did not make a formal election when bringing the non-suit motion.

The Board dismissed the Registrar's motion, finding that administrative tribunals have discretion to control their own processes and that fairness dictated allowing the Licensee to call evidence, especially since the Registrar did not raise the election issue at the time the non-suit motion was made.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Classic Cocktails Bar & Grill for alleged violations of the Liquor Licence Act regulations, specifically overcrowding and permitting a controlled substance on the premises, as well as breaching security conditions.

Following a hearing, the Board found that the licensee had breached section 43 of O.Reg 719/90 by permitting overcrowding on two occasions, and subsection 45(2) by permitting marijuana to be held and consumed on the patio.

The Board also found that the licensee breached conditions of its licence by failing to station security personnel as required.

The Board requested written submissions on penalty.

The Registrar of the Alcohol and Gaming Commission of Ontario issued Notices of Proposal to suspend the liquor licence of Clinton's for overcrowding and obstructing an inspection.

The parties submitted an Agreed Statement of Facts admitting to the violations and a Joint Submission on Disposition.

The Board accepted the joint submission and ordered a 19-day suspension of the liquor licence.

Following a finding that the licensee breached subsection 45(1) of Ontario Regulation 719/90, the Board ordered a five-day suspension of its liquor licence.

The licensee proposed suspension dates that included statutory holidays.

The Board accepted the proposed dates, noting the establishment is normally open on those dates, and ordered the suspension to commence on December 24, 2010.

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

The parties submitted an Agreed Statement of Facts admitting that the licensee served a drunken patron and permitted a drunken patron on the premises, in violation of the Liquor Licence Act and its regulations.

The Board accepted the joint submission on penalty, ordering a 14-day suspension of the liquor licence and imposing conditions, including the exclusion of a specific individual from the management and operation of the business and the mandatory hiring of a licensed security person.

The corporate applicant applied to renew its liquor sales licence.

The Registrar issued a Notice of Proposal to refuse the renewal.

The principal of the applicant had recently been convicted of assault and sexual interference involving minor employees, and subsequently failed to disclose these convictions on his Personal History Record submitted to the AGCO.

The Board found that the principal made a false statement on the application and that his past conduct afforded reasonable grounds to believe he would not carry on business in accordance with the law and with integrity and honesty.

The application to renew the licence was refused.

The Registrar of the Alcohol and Gaming Commission of Ontario issued an interim suspension of the licensee's liquor licence in the interest of public safety, pending a hearing into a proposal to revoke the licence.

After hearing initial evidence and submissions, the Board ordered that the interim suspension be rescinded, subject to strict conditions.

These conditions included requirements for staff identification, Smart Serve certification, operational security cameras, licensed security guards, regular checks of karaoke rooms, and the approval of a revised Compliance Plan prior to re-opening.

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

During the hearing, the licensee requested that the interim suspension be lifted.

The Board considered the evidence and ordered that the interim suspension remain in effect until the next hearing date, finding it to be in the public interest.

The Licensee brought a motion to reopen a hearing regarding the suspension of its liquor licence to introduce fresh evidence concerning the conduct and credibility of an AGCO Inspector.

The Board applied the two-part test from Sagaz, finding that the proposed evidence regarding the Inspector's unrelated conduct would not have been admitted, would not have changed the outcome of the hearing, and could have been obtained with due diligence prior to the original hearing.

The motion to reopen was dismissed.