Bruce S. Miller

Following a finding that the licensee violated section 29 of Ontario Regulation 719/90 under the Liquor Licence Act by failing to clear signs of service and consumption within 45 minutes after the end of the service period, the Board considered the appropriate sanction.

The Registrar sought a 30-day suspension based on the licensee's prior disciplinary history, while the licensee argued for a 7-day suspension, noting the current infraction was less serious than past ones and citing economic hardship.

The Board rejected economic factors as irrelevant but agreed the current infraction did not raise the same public safety concerns as past violations.

Applying progressive discipline, the Board ordered a 12-day suspension.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent establishment for allegedly permitting drunkenness, contrary to subsection 45(1) of O.Reg 719/90.

During an inspection, AGCO inspectors found an intoxicated male patron sleeping on top of another person in the bottle service area.

The licensee argued that its security staff were unaware of the intoxicated male and had only dealt with a different, sober patron.

The Board found that the licensee's staff ought to have observed the intoxicated patron given his condition and location.

The Board concluded that the licensee permitted drunkenness and invited submissions on penalty.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of the corporate licensee, operating as Party World KTV, and an order to immediately suspend the licence on an interim basis for alleged violations of the Liquor Licence Act.

At the commencement of the hearing, the licensee surrendered the liquor licence effective immediately.

Consequently, the Registrar withdrew the Notice of Proposal.

The Board accepted the surrender of the licence and the withdrawal of the proposal.

The Registrar issued an Order of Immediate Suspension (OIS) against the Registrant's gaming supplier registration after the Registrant was charged twice with possessing pirated DVDs at the registered premises.

The Registrant pled guilty to possession of property obtained by crime.

The Board held a hearing to determine whether to uphold the OIS pending a revocation hearing.

Finding that the Registrant's repeated criminal conduct at the registered premises raised serious concerns about their ability to act with honesty, integrity, and in the public interest, the Board upheld the OIS.

The licensee applied to the Alcohol and Gaming Commission of Ontario to change a condition on its liquor licence that prohibited live entertainment, seeking to allow a two-piece band or DJ music.

The Registrar issued a Notice of Proposal to refuse the application, and local residents objected due to noise concerns.

The Board found that the licensee failed to establish a change in circumstances as required by subsection 14(2) of the Liquor Licence Act.

Although the licensee had been a good corporate neighbour, the changes in ownership and hours of operation, as well as ongoing economic hardship, did not constitute a change in circumstances.

The application was denied.

The Registrar of the Alcohol and Gaming Commission of Ontario sought a 10 to 14-day suspension of the licensee's liquor licence following findings that the licensee sold liquor outside prescribed hours and failed to remove signs of service.

The licensee argued for a maximum 5-day suspension or a temporary condition limiting hours of sale.

The Board considered the serious nature of the violations, the licensee's presence during the infractions, and two prior 7-day suspensions for different infractions.

Applying the principle of progressive discipline, the Board ordered an 8-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the licensee's liquor licence for permitting a drunken patron in the establishment.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition, admitting the breach of section 45(1) of Ontario Regulation 719/90.

The Board accepted the joint submission and ordered a 7-day suspension of the liquor licence, noting a prior 5-day suspension for the same offence.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence for allegedly permitting drunkenness on the premises.

An intoxicated patron, who claimed his symptoms were due to a recent concussion, was allowed entry into the establishment.

The Board refused to qualify the Licensee's proposed medical expert due to a lack of independence and relevant expertise, and denied a motion for a stay of proceedings.

The Board found that the patron exhibited clear signs of intoxication and that the Licensee knew or ought to have known of his condition, thereby violating subsection 45(1) of the regulation.

The Licensee appealed an Order of Monetary Penalty issued by the Registrar for allegedly permitting drunkenness on its premises.

Police officers arrested a highly intoxicated patron outside the establishment after observing him inside.

The Licensee argued the patron had only entered briefly to ask for a cigarette.

The Board rejected the Licensee's evidence, finding it implausible, and concluded the patron had been consuming alcohol at the establishment.

The Board held that the Licensee knew or ought to have known of the patron's intoxication, thereby permitting drunkenness in violation of the regulations.

The $750 monetary penalty was confirmed.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the respondent's liquor licence for alleged violations of the Liquor Licence Act.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition, admitting that two drunken patrons were permitted on the licensed premises.

The Board accepted the joint submission, finding a breach of section 45(1) of Ontario Regulation 719/90, and ordered an 11-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 Lux Entertainment Inc. operating as LUXY.

The parties submitted an Agreed Statement of Facts admitting to multiple violations, including serving underage patrons, permitting intoxicated patrons, and allowing patrons to remove liquor from the premises.

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 a liquor licence based on allegations of serving liquor outside prescribed hours, failing to remove signs of service, and obstructing an inspection.

AGCO inspectors observed a patron with a glass of beer at the bar at 3:34 AM.

The Board found that the licensee violated the regulations regarding hours of service and removal of signs of service, preferring the clear and consistent evidence of the inspectors over the licensee's witnesses.

However, the Board dismissed the allegations of obstructing the inspection, finding insufficient evidence that the licensee was involved in pouring out the beer or that the delay in unlocking the door was unreasonable.

The applicant applied for a liquor licence for a 30-person capacity restaurant and catering business.

The application was opposed by the City of Toronto and some local residents due to concerns about noise, proximity to a school, and potential nuisance.

However, the applicant demonstrated strong community support, a solid business plan for an upscale bistro, and agreed to numerous voluntary conditions to mitigate neighbourhood concerns.

The Board found that the objectors failed to prove that granting the licence was not in the public interest, and approved the application subject to conditions.

A hearing was held regarding a Notice of Proposal to suspend the respondent's liquor licence for alleged violations of the Liquor Licence Act regulations.

At the commencement of the hearing, the applicant requested that the Notice of Proposal be withdrawn due to a lack of evidence.

The Board confirmed the acceptance of the withdrawal.

The Registrar issued an interim suspension of the licensee's liquor licence in the interest of public safety based on alleged violations of the Liquor Licence Act regulations.

The licensee brought a motion to lift the interim suspension.

The Board found that due to the seriousness of the allegations and the possible impact on public safety, it was in the public interest to maintain the interim suspension until a final decision is rendered.

The Registrant, a gaming assistant and dual-rate security supervisor at Kawartha Downs, appealed an Order of Immediate Suspension issued by the Registrar of the Alcohol and Gaming Commission of Ontario.

The suspension was issued after the Registrant was charged with domestic assault against a subordinate co-worker following an off-duty company social event, and failed to report the charge to the AGCO as required by his terms of registration.

The Board found that the Registrant's aggressive behaviour, alcohol-related issues, and failure to report the charge raised serious concerns regarding his integrity and responsibility.

The Board upheld the suspension, concluding it was necessary to protect the public interest and maintain the integrity of the gaming industry.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke and suspend the liquor licence of the respondent nightclub after a patron brought a firearm into the premises and discharged it.

Following an Agreed Statement of Facts and a Joint Submission on Disposition, the Board found the licensee breached section 45.2 of Ontario Regulation 719/90.

The Board ordered a five-day suspension of the liquor licence and imposed extensive security and operational conditions on the licence.

The Registrar issued a Notice of Proposal to revoke the licensee's liquor licence due to retail sales tax arrears.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition, noting the licensee had made significant efforts to reduce the arrears and entered into a Memorandum of Understanding with the Ministry of Revenue.

The Board accepted the joint submission and ordered that conditions be added to the licence requiring compliance with the payment schedule and timely filing of future tax returns.