Application to permit live entertainment on liquor licence denied as no change in circumstances established.
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.
Gaming assistant registration maintained with added conditions regarding consumer proposal and bankruptcy on consent.
The Registrar issued a Notice of Proposed Order to suspend the Registrant's gaming assistant registration for two weeks under section 12 of the Gaming Control Act, 1992.
At the hearing, the parties reached an agreement.
The Board ordered that specific terms and conditions regarding the Registrant's consumer proposal and potential bankruptcy be added to her registration, and the Registrar withdrew the request for a suspension.
Liquor licence suspended for 18 days following admitted overcrowding on rooftop patio.
The Licensee admitted to violating section 43 of Ontario Regulation 719/90 by permitting overcrowding on its rooftop patio.
The Registrar sought a 25 to 30-day suspension, noting a prior 14-day suspension for similar infractions.
The Licensee argued for a minimal sanction, citing the unique personal circumstances of the security guard who abandoned his post and the immediate corrective actions taken, including terminating the responsible employees.
The Board found that while the Licensee took swift corrective action, there were systemic communication and security gaps.
The Board ordered an 18-day suspension of the liquor licence.
Liquor licence suspended for 21 days after patrons were observed smoking marijuana on the premises.
The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the respondent's liquor licence after inspectors observed numerous patrons smoking marijuana inside the licensed premises.
The parties submitted an Agreed Statement of Facts acknowledging the breach of section 45(2) of Ontario Regulation 719/90, and a Joint Submission on Disposition.
The Board accepted the joint submission and ordered a 21-day suspension of the liquor licence, noting the licensee's prior 7-day suspension for a similar breach.
Liquor licence suspension allegations dismissed after Registrar's principal witness failed to attend hearing.
The Registrar of the Alcohol and Gaming Commission of Ontario sought to suspend the respondent's liquor licence for alleged violations of the Liquor Licence Act.
At the hearing, the Registrar requested an adjournment because its principal witness failed to attend despite being summoned.
The Board denied the adjournment, noting the witness had advance notice and chose not to attend.
As the Registrar could not establish the allegations without this witness, the Board dismissed the allegations.
Liquor licensee found to have permitted overcrowding and failed to maintain control of premises.
The Registrar issued a Notice of Proposal to suspend the liquor licence of Section 222/Lotus Lounge for alleged violations of the Liquor Licence Act regulations, including overcrowding, permitting drunkenness, and failing to maintain control of the premises.
The allegations arose from incidents on May 1-2 and July 1-2, 2008, the latter involving a police officer being injured outside the establishment.
The Board found that the Licensee violated section 43 (overcrowding) based on an inspector's count, and section 45.2 (failure to maintain control) as the Licensee abdicated responsibility to the police and could not manage unruly patrons.
The Board dismissed allegations of permitting drunkenness and failing to deter disorderly conduct outside, noting the police were in full control of the exterior situation.
Liquor delivery licence revoked for widespread delivery of alcohol to minors and poor record-keeping.
The Registrar issued a Notice of Proposal to revoke the licensee's liquor delivery service licence for delivering alcohol to minors and failing to maintain proper records.
Following a finding of liability, the Board held a hearing on sanction.
Despite the licensee's claims of being a new operator and promises to implement stricter controls, the Board found that the licensee had managed the business for three years prior, failed to follow his own manual, and allowed widespread delivery to minors.
The Board revoked the liquor licence, emphasizing the need for general and specific deterrence.
Board ordered a 10-day liquor licence suspension to run over the holiday period.
Following a finding that the licensee breached conditions of its authorization and the Wine Content and Labelling Act, the Board ordered a 10-day suspension of its liquor licence.
The licensee proposed suspension dates over the holiday period, noting it is normally open for business on those days.
Over the Registrar's opposition, the Board accepted the proposed dates and ordered the suspension to run from December 25, 2009 to January 4, 2010.
Liquor licence suspended for 7 days on consent for permitting a drunken patron.
The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the respondent's liquor licence for permitting a drunken patron on the premises.
At the hearing, the parties presented an Agreed Statement of Facts admitting the violation of subsection 45(1) of Ontario Regulation 719/90, and a Joint Submission on Disposition.
The Board accepted the joint submission and ordered a 7-day suspension of the liquor licence.
Winery retail store authorization suspended for 10 days due to record-keeping failures despite mitigating circumstances.
The Registrar of the Alcohol and Gaming Commission of Ontario sought to suspend the Licensee's authorization to operate an on-site grape winery retail store for failing to maintain required tank, blending, and bottling records.
The Board previously found the Licensee breached the conditions of its authorization and the regulations.
On the issue of sanction, the Registrar sought a 30-day suspension, while the Licensee argued for a 3-day suspension due to mitigating circumstances, including the principal's age, unblemished record, and the illness of the bookkeeper.
The Board balanced the need for specific and general deterrence with the mitigating factors and ordered a 10-day suspension.
Liquor delivery licence suspended after findings of repeated deliveries to minors and record-keeping failures.
The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor delivery licence of the Licensee and ordered an interim suspension.
Evidence established that the Licensee's delivery service repeatedly delivered alcohol to minors without checking identification or obtaining proper signatures, and failed to maintain accurate records as required by the regulations.
The Board found multiple breaches of the Liquor Licence Act and its regulations, concluding that the Licensee's conduct afforded reasonable grounds for belief that he would not carry on business in accordance with the law.
The interim suspension was ordered to remain in effect pending a final decision on penalty.
Liquor licence suspended for 12 days for after-hours service and off-licence purchases.
The Registrar of the Alcohol and Gaming Commission of Ontario issued Notices of Proposal to suspend the respondent's liquor licence for alleged violations of the Liquor Licence Act and its regulations.
The parties submitted an Agreed Statement of Facts admitting that the licensee had open and closed bottles of beer on the bar at 3:00 a.m., offered free liquor to patrons, made off-licence purchases, and had no food available.
The Board accepted the joint submission and ordered a 12-day suspension of the liquor licence.
Nightclub found to have permitted violent conduct after bouncer assaulted patron and staff covered it up.
The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Arena Entertainment Inc. (operating as Circa) for allegedly permitting violent conduct on its premises, contrary to subsection 45(1) of O. Reg. 719/90.
A patron was severely assaulted by a bouncer while being escorted out of the nightclub.
The Board found the patron's evidence credible and concluded that the nightclub's staff not only permitted the violent, unprovoked attack but also conspired to cover it up by delaying the police investigation and hiding the identity of the bouncer responsible.
The Board found the Licensee violated the regulation and invited submissions on penalty.
Hearing adjourned sine die pending Licensee's freedom of information requests and jurisdictional motion.
The Licensee requested an adjournment of a liquor licence suspension hearing to await the outcome of freedom of information requests, including a request for a report on the AGCO's conduct, which the Licensee argued was necessary for a jurisdictional motion.
The Registrar consented to the adjournment.
The Board granted the adjournment sine die, imposing conditions on the Licensee to provide weekly status updates on the information requests and setting a deadline for the submission of the jurisdictional motion.
Winery found in breach of authorization conditions and regulations for failing to maintain proper wine processing records.
The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the Licensee's Authorization to Operate an On-site Grape Winery Retail Store for failing to keep proper records.
Following audits by the LCBO, it was alleged that the Licensee failed to maintain tank, blending, and bottling records as required by condition 10 of its Authorization and O.Reg 659 under the Wine Content and Labelling Act, 2000.
The Board found that the Licensee, a small winery operation, failed to keep the required records for significant periods and could not account for the movement and blending of large quantities of wine.
The Board concluded that the Licensee breached the condition and regulations, and invited submissions on penalty.
Order setting the dates for a 10-day suspension of a liquor licence.
The Alcohol and Gaming Commission of Ontario issued an order setting the dates for a 10-day suspension of the respondent's liquor licence.
Following a previous decision finding the respondent in breach of the Liquor Licence Act regulations, the Board had ordered a suspension and requested the respondent propose dates.
The Board accepted the proposed dates and ordered the suspension to commence on November 1, 2009.
Board sets dates for 12-day liquor licence suspension after licensee fails to propose acceptable dates.
Following a hearing where the Board found the licensee violated subsection 45(1) of O.Reg 719/90 and ordered a 12-day suspension, the licensee failed to propose acceptable suspension dates.
The Board ordered the 12-day suspension to commence on November 29, 2009.
Liquor licence application denied as contrary to public interest due to historical neighbourhood disturbances.
The applicant applied for a liquor sales licence for a premises that had a history of causing significant disturbances in a residential neighbourhood.
The Registrar issued a Notice of Proposal to review the application after receiving objections.
The City of Sarnia and local residents opposed the application, citing past issues with noise, unruly behaviour, and a lack of security.
The tribunal found that the applicant failed to present a meaningful plan to mitigate these concerns or ensure harmony with the neighbourhood, which included a newly constructed hospice.
The application was denied as it was not in the public interest under section 6(2)(h) of the Liquor Licence Act.
Liquor licence suspended for 10 days and video surveillance condition added for permitting drunkenness.
Following a finding that the Licensee violated the Liquor Licence Act by permitting drunkenness and allowing patrons to remove liquor from the premises, the Board determined the appropriate sanction.
The Registrar sought a 14-day suspension and a condition requiring 30-day retention of video surveillance, while the Licensee proposed a 6-day suspension and a warning.
The Board ordered a 10-day suspension, noting the seriousness of the infractions and the Licensee's prior history, and added a condition requiring the Licensee to maintain video surveillance records for a minimum of 7 days.
Liquor licence suspended for 12 days for permitting drunkenness, following two prior similar violations.
The Board previously found the Licensee violated subsection 45(1) of O.Reg 719/90 by permitting an intoxicated patron on the premises.
The Registrar sought a 10 to 12-day suspension, noting the Licensee's failure to monitor the establishment and two prior suspensions for similar violations.
The Licensee requested a written warning, arguing the patron may have just entered and the bartender could not see the entire premises.
The Board ordered a 12-day suspension, emphasizing the need for progressive discipline and the Licensee's duty to proactively monitor the establishment.