David C. Gavsie

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

At the hearing, the parties submitted an Agreed Statement of Facts admitting that the respondent exceeded its licensed capacity of 146 persons on two occasions, with 234 and 167 persons present respectively.

The Board found a violation of section 43 of O.Reg 719/90.

Accepting the parties' Joint Submission on Disposition, the Board ordered a 9-day suspension of the respondent's liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to revoke the registrant's licence to operate as a Lottery Retail Operator.

The registrant had failed to disclose multiple criminal convictions, including keeping a common gaming house and theft, as well as outstanding charges for sexual assault and sexual exploitation, on her registration and renewal forms.

The Board found reasonable grounds to conclude the registrant would not act in accordance with the law, honesty, and integrity, and revoked her licence.

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 All Star Tap & Grill House, alleging violations of the Liquor Licence Act for permitting a minor to consume alcohol and failing to inspect identification.

A 17-year-old patron consumed alcohol at the establishment and later died by suicide.

The Board found the testimony of the Registrar's witnesses, including the minor's companion and AGCO inspectors, to be credible and consistent, establishing that the bartender did not request identification from the minor on the night in question.

The Board rejected the bartender's testimony as not credible and found that the Licensee breached s. 30(4) of the LLA and s. 41(1) of O. Reg 719/90.

The Board invited written submissions on sanction.

The Registrar issued a Notice of Proposed Order to revoke the Registrant's registration as a lottery retailer after the owner failed to notify the Deputy Registrar of criminal charges within 10 days, as required by the Terms of Registration.

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

The Board accepted the joint submission and ordered a 21-day suspension of the registration, along with continued terms and conditions.

The applicant applied for additional indoor and outdoor capacities for its licensed premises.

The Registrar issued a Notice of Proposal to review the application due to written objections.

At the hearing, the applicant and an objector reached an agreement on conditions.

The Board approved the application for additional capacity subject to the agreed conditions, including limiting the capacity increase on the Murray Street patio and withdrawing the request for the Parent Street patio.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposed Order to suspend the gaming supplier registration of the registrant.

The parties reached an agreement acknowledging the registrant's sole owner was convicted of possessing unmarked cigarettes and multiple Highway Traffic Act offences.

The tribunal accepted the joint submission, suspending the registration for 15 days and imposing conditions, including a prohibition on possessing unmarked cigarettes.

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

The respondent did not attend the hearing.

Evidence established that the respondent's husband, who had an extensive criminal record and poor financial history, was heavily involved in the business and considered a co-owner, despite the respondent claiming sole proprietorship on the application.

The Board found that the respondent made a false statement on her application and that there were reasonable grounds to believe the business would not be carried on in accordance with the law and with honesty and integrity.

The licence was revoked.

The Registrar issued a Notice of Proposal to revoke the Licensee's liquor licence for providing false information regarding its corporate structure and failing to produce required records.

The Licensee had previously been suspended for failing to disclose partners and falsely claiming they were mere investors.

At this hearing, the Board found a continuing pattern of dishonesty, including false claims that the partners had been bought out and that the premises were listed for sale.

The Board concluded the Licensee breached section 6(2)(d) of the Liquor Licence Act and section 54(1)(a) of O. Reg. 719/90, and ordered the liquor licence revoked.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence, alleging a violation of subsection 45(2) of Ontario Regulation 719/90 after police found suspected cocaine during a search of the premises.

At the hearing, the police officers testified about the search and seizure, but no forensic certificate of analysis was produced to confirm the substance was a narcotic, and no charges were ever laid.

The Board dismissed the allegation due to a lack of evidence proving the seized items were controlled substances.

The applicant sought a liquor licence for a Caribbean restaurant.

Local residents objected to the application, expressing concerns about parking, noise, garbage, and the potential for the establishment to operate as a sports bar rather than a restaurant.

The Board noted that the existing zoning permitted a licensed restaurant and that the applicant had been responsive to community concerns, including repairing the ventilation system and removing 'sports bar' signage.

Finding no evidence to support denying the licence, the Board approved the application subject to conditions restricting hours of alcohol service, requiring food service, and mandating noise control measures.

The Registrar issued a Notice of Proposal to revoke the licensee's liquor licence after undercover police officers purchased cocaine from patrons on the premises on multiple occasions.

The parties submitted an Agreed Statement of Facts in which the licensee admitted to violating subsection 45(2) of Ontario Regulation 719/90.

The Board accepted the joint submission and ordered a 30-day suspension of the liquor licence.

The applicant applied for a liquor sales licence for a proposed sports bar and off-track betting location.

Local residents and the municipal business improvement area objected, citing concerns about crime, loitering, and the negative history of a previous licensee at the same location.

The Board found that the objectors failed to establish that granting the licence was contrary to the public interest.

The applicant had a positive history of operating a similar establishment without issue and had strong support from the Woodbine Entertainment Group.

The application was approved subject to a condition limiting hours of service.

The Licensee brought a motion for a permanent stay of proceedings regarding a Notice of Proposal to suspend its liquor licence, arguing that the organizational structure and operational realities of the Alcohol and Gaming Commission of Ontario (AGCO) created a reasonable apprehension of bias.

The Licensee alleged a lack of administrative independence and institutional impartiality due to overlapping functions of the Chair, Board members, and the Registrar.

The Panel dismissed the motion, finding that the statutory framework, including the prohibition against prior consideration under s. 10(3) of the Alcohol and Gaming Regulation and Public Protection Act, 1996, and the operational realities of the AGCO maintained a clear separation between the adjudicative and investigative/prosecutorial functions.

The Panel concluded that a reasonable and informed person would not find a reasonable apprehension of bias.

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

The parties submitted an Agreed Statement of Facts admitting that a patron removed liquor, an intoxicated patron consumed liquor, and three underage individuals consumed liquor on the premises.

The Board accepted the agreed facts, found the breaches established, and ordered a 12-day suspension of the liquor licence in accordance with the parties' joint submission.

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

The licensee failed to attend the hearing despite being served with notice and advising the Hearings Office she would not appear.

The hearing proceeded ex parte.

The Board found breaches of the Act and ordered the revocation of the licence.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence, alleging that a patron was permitted to consume liquor in an unlicensed area of the outdoor patio.

At the hearing, the Registrar relied on the testimony of an inspector but failed to introduce the approved floor plan into evidence.

The Board found the inspector's testimony inconsistent and insufficiently precise to establish the boundaries of the licensed area.

The Board dismissed the allegation, concluding the Registrar failed to prove on a balance of probabilities that the area in question was unlicensed.

The applicant sought a liquor licence for an outdoor patio with a capacity of 40 persons.

Several neighbourhood residents objected, citing concerns about noise, particularly late at night, and potential drug use.

The Board found that the applicant had taken significant steps to address noise concerns, including soundproofing, building a fence, and implementing strict house rules.

The Board concluded that the objectors failed to prove that granting the licence would be contrary to the public interest.

The application was approved subject to conditions restricting hours of operation and noise.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of O'Grady's Tap & Grill.

The parties submitted an Agreed Statement of Facts admitting that a patron removed liquor from the premises, an intoxicated patron consumed liquor, and three underage individuals consumed liquor on the premises.

The Board accepted the joint submission and ordered a 12-day suspension of the liquor licence.

The applicant, Gilkem Holdings Inc., applied for additional licensed areas to operate a patio at its establishment.

The Registrar issued a Notice of Proposal to review the application due to written objections from local residents regarding parking and traffic.

Prior to the hearing, the applicant and the objectors reached an agreement whereby the objections were withdrawn in exchange for the applicant consenting to specific conditions on the liquor licence, including restricted hours of service and a prohibition on music.

The Alcohol and Gaming Commission of Ontario approved the application subject to the agreed-upon conditions.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to revoke the respondent's liquor licence for failure to remit retail sales tax.

The respondent requested a hearing but failed to attend.

The Board proceeded ex parte and heard evidence that the respondent owed over $30,000 in unremitted retail sales tax and had a history of non-compliance.

The Board found the respondent breached the Liquor Licence Act and ordered the licence revoked.