Dianne Axmith

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, alleging that the licensee permitted drunkenness on the premises contrary to subsection 45(1) of O. Reg. 719/90.

During an inspection, AGCO inspectors and OPP officers observed a patron who they believed exhibited signs of intoxication.

The patron was escorted out by security without incident.

The Board found conflicting evidence among the inspectors regarding the patron's level of intoxication and noted that the patron had only been in the busy nightclub for half an hour.

The Board concluded there was insufficient evidence that the licensee knew or ought to have known the patron was intoxicated, and dismissed the allegation.

The Board previously found that the Licensee breached section 43 and subsection 45(2) of Ontario Regulation 719/90 and ordered a 14-day suspension of its liquor licence.

The Licensee proposed acceptable suspension dates.

The Board ordered the 14-day suspension to commence on July 12, 2009.

Following a finding that the Licensee breached section 29 and subsection 25(1) of Ontario Regulation 719/90, the Board ordered a 15-day suspension of its liquor licence.

The Licensee proposed acceptable suspension dates.

The Board ordered the suspension to commence on June 2, 2009, and continue until June 17, 2009.

The Registrar of the Alcohol and Gaming Commission of Ontario sought a suspension of the licensee's liquor licence following findings that the licensee violated the regulations regarding overcrowding and the use of a controlled substance.

The Registrar requested an 18 to 21-day suspension, while the licensee argued for two concurrent five-day suspensions.

The Board noted the seriousness of the infractions, which occurred shortly after a police warning, but recognized that these were first-time offences for these specific matters.

The Board ordered a 14-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 serving alcohol after 2:00 a.m. and failing to clear signs of service, contrary to O. Reg. 719/90.

The licensee admitted to the violations but contested the Registrar's proposed 30-day suspension, arguing for an 11-day suspension based on cooperation and the fact that the premises were not open to the public at the time.

The Board considered the licensee's disciplinary history and mitigating factors, ultimately ordering a 15-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposed Order to revoke the gaming registration of the Registrant.

The Registrant had committed mischief by kicking a vehicle during a strike at Woodbine Racetrack and had failed to disclose Highway Traffic Act convictions on his disclosure forms.

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

The Board accepted the joint submission and ordered a three-week suspension of the Registrant's gaming registration.

The Registrar issued a Notice of Proposed Order to revoke the Registrant's gaming employee registration based on his involvement in a picket line mischief incident and his failure to disclose Highway Traffic Act convictions on his disclosure forms.

Following an Agreed Statement of Facts and Joint Submission on Disposition, the Alcohol and Gaming Commission of Ontario ordered a three-week suspension of the Registrant's gaming registration.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposed Order to revoke the Registrant's gaming registration after he smashed a vehicle's windshield during a strike.

The parties reached an agreement and submitted a Joint Submission on Disposition.

The Board accepted the joint submission and ordered a six-week suspension of the Registrant's gaming registration.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence for alleged violations of the Liquor Licence Act regulations, specifically overcrowding, permitting drunkenness, and permitting the consumption of a controlled substance.

Following a hearing, the Board found that the Licensee violated section 43 by exceeding the permitted capacity, relying on police exit counts.

The Board also found a violation of subsection 45(2) based on credible police testimony that a patron was openly smoking marijuana on the patio and the Licensee failed to take adequate preventative measures.

The allegation of permitting drunkenness under subsection 45(1) was dismissed due to insufficient identification and investigation of the allegedly intoxicated patrons.

The Registrar issued a Notice of Proposal to revoke the licensee's liquor licence due to outstanding Retail Sales Tax debt.

At the hearing, the Registrar advised the Board that the licensee had remitted the outstanding debt in full and filed all returns.

The Registrar requested that the Notice of Proposal be withdrawn.

The Board accepted the request and ordered the Notice of Proposal withdrawn.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence for allowing staff to consume liquor after hours and refusing entry to inspectors.

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

The Board found the licensee breached the Liquor Licence Act and regulations.

The Board ordered a 14-day suspension but stayed its imposition because the licensee had sold the business and showed remorse.

The Board previously found that the Licensee, Hejin Lee operating as Sam's Pub, violated subsections 31(1)(c) and 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.

Following a decision ordering an 18-day suspension of the liquor licence, the Licensee proposed acceptable suspension dates.

The Board ordered the liquor licence suspended for 18 consecutive days commencing February 6, 2009.

The Registrar of the Alcohol and Gaming Commission of Ontario sought a sanction against the licensee for violations of the regulations under the Liquor Licence Act, specifically permitting drunkenness and possessing off-licence alcohol.

The Board had previously found the violations occurred.

The Registrar sought an 18-day suspension, noting a recent 10-day suspension for a similar offence, while the licensee requested a 7-day suspension.

The Board agreed with the Registrar, finding no mitigating circumstances, and ordered an 18-day suspension of the liquor licence.

The applicant applied for a liquor licence for a premises in Toronto.

Several residents and associations initially objected to the application.

Prior to the hearing, all objectors except one withdrew their objections after the parties agreed to a set of conditions addressing noise, security, and community impact.

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

Following a finding that the licensee breached conditions of its liquor licence, the Alcohol and Gaming Commission of Ontario held a hearing to determine the appropriate sanction.

The Registrar sought revocation of the licence due to safety concerns arising from specially promoted events.

The Board declined to revoke the licence, noting that the events were not illegal and security measures were in place during a fatal shooting outside the premises.

Instead, the Board imposed a 25-day suspension and attached new, stricter conditions regarding security personnel, video surveillance, and police notification for special events.

The applicant applied for a liquor licence for a café and bar located in a strip plaza.

Several local residents objected to the application, citing concerns about potential violence and the proximity of a daycare and schools, particularly in light of a recent unrelated double murder at the plaza.

The tribunal found that the objectors' concerns were based on speculation and that there was no specific evidence indicating the applicant would fail to comply with the Liquor Licence Act.

The tribunal concluded that issuing the licence was not contrary to the public interest and approved the application.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to revoke the liquor licence of Sugar Island Restaurant & Bar following a homicide outside the premises and alleged breaches of security conditions.

The Board found that while the licensee had breached conditions relating to security personnel, wanding, and video surveillance on certain dates, these breaches were largely due to misunderstandings and technical failures rather than intentional non-compliance.

On the night of the homicide, the required security personnel were present and no disturbance occurred inside the premises.

The Board dismissed the allegations that the licensee failed to take reasonable measures to deter disorderly conduct and that the business would not be carried on with integrity and honesty, and invited submissions on penalty for the breached conditions.

The applicant applied for an additional licensed area for an outdoor patio with a capacity of 48 persons.

Local residents and the condominium corporation objected to the application, citing significant noise issues from the existing indoor premises and concerns that a patio would exacerbate the problem.

The Board heard evidence from acoustic experts for both sides and reviewed the history of noise mitigation efforts by the applicant.

The Board found that the objectors did not meet their onus to demonstrate that issuing the licence would not be in the public interest.

The application was approved subject to strict conditions, including no music on the patio, mandatory security personnel, and restricted hours for the sale and service of alcohol.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the licensee's liquor licence and an interim order suspending the licence following a fatal shooting outside the premises.

The Board held a hearing to review the interim suspension.

Finding that the licensee had been cooperative with police regarding security improvements and that past issues were tied to specially promoted events with DJs, the Board concluded that lifting the suspension with strict conditions would not compromise public safety.

The interim suspension was rescinded subject to conditions prohibiting special events and DJs, and requiring security personnel when capacity reaches 50 percent.

The applicant applied for a liquor licence for a premises in Brampton.

The Registrar issued a Notice of Proposal to review the application after receiving written objections from local residents.

At the hearing, no objectors appeared to provide testimony, and the applicant presented letters of support and had supporters present.

The Board approved the application, finding no sufficient reasons to deny the licence under the Liquor Licence Act.