The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the respondent's liquor licence, alleging that the licensee permitted drunkenness in the establishment contrary to subsection 45(1) of O. Reg. 719/90.
The allegations arose from an inspection on St. Patrick's Day, where inspectors observed five patrons exhibiting signs of intoxication from a distance but did not speak to them.
The licensee presented evidence that the patrons were merely boisterous and celebrating, not intoxicated.
The Board dismissed the allegation, finding that the inspectors' observations from a distance were insufficient to establish on a balance of probabilities that the patrons were drunk, particularly given the context of the celebration.