Eleanor Meslin

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the Airport Motor Inn for alleged violations of the Liquor Licence Act and its regulations on two dates.

The Board dismissed the allegations relating to March 2, 2007, finding the licensee's evidence credible that the patron in question was not intoxicated and was permitted in a common walkway.

However, the Board found violations occurred on March 25, 2007, accepting police testimony that the premises were overcrowded, multiple fights occurred, and numerous patrons were highly intoxicated with alcohol in front of them.

The Board concluded the licensee permitted drunkenness and disorderly conduct, and sold liquor to intoxicated persons.

The Board previously found that the licensee breached the Liquor Licence Act and ordered a 7-day suspension of its liquor licence.

The licensee proposed acceptable suspension dates.

The Board ordered the 7-day suspension to commence on May 28, 2008.

Following a finding that the licensee violated the Liquor Licence Act by permitting drunkenness and failing to maintain safe premises, the Board determined the appropriate sanction.

An intoxicated patron fell and suffered a head injury requiring hospital treatment, but staff only removed her without offering medical assistance.

Considering this was the licensee's first offence, the Board ordered a 7-day suspension of the liquor licence, rejecting the Registrar's request for a 14-18 day suspension and the licensee's request for a fine or minimal suspension.

The Alcohol and Gaming Commission of Ontario issued an order suspending the liquor licence of Tinker's Billiards & Bar Inc. for 12 consecutive days.

The Board previously found the licensee breached subsection 45(1) of Ontario Revised Regulation 719/90 under the Liquor Licence Act.

The licensee proposed suspension dates which were accepted by the Board, with the suspension commencing on April 28, 2008.

The Registrar issued a Notice of Proposal to suspend the respondent's liquor licence for alleged violations of the Liquor Licence Act and its regulations, specifically serving an intoxicated person and permitting drunkenness and violent conduct.

A patron consumed approximately 15-16 alcoholic beverages over four hours, became highly intoxicated, and was subsequently pushed off an elevated dance floor, sustaining a head injury.

The tribunal found the eyewitness testimony credible and sufficient to establish that the patron was intoxicated, was served alcohol while intoxicated, and was assaulted on the premises.

The tribunal concluded that the licensee violated section 29 of the Act and subsection 45(1) of the Regulation.

The Licensee was previously found to have violated subsection 45(1) of O. Reg. 719/90 by permitting intoxicated patrons on the premises.

The Registrar sought an 18 to 21-day suspension based on progressive discipline, noting a prior 2005 suspension for a similar offence.

The Licensee argued for a 6-day suspension.

The Board found that a second violation within three years indicated a failure to change policies, but considered the Registrar's proposed penalty too severe.

The Board ordered a 12-day suspension of the liquor licence.

The applicant applied for an additional licensed area for an outdoor patio at their restaurant.

Local residents objected, citing ongoing issues with unruly patrons, drug use, and the poor physical condition of the premises.

The Board found that the applicant had not taken sufficient steps to control undesirable patrons or improve the property's appearance.

Concluding that granting the patio licence would not be in the public interest having regard to the needs and wishes of the residents under s. 6(2)(h) of the Liquor Licence Act, the Board denied the application.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal alleging that the licensee permitted intoxicated persons on its premises on two separate dates, contrary to subsection 45(1) of O.Reg 719/90 under the Liquor Licence Act.

Following a hearing, the Board dismissed the allegation relating to May 19, 2007, finding the evidence of the sole inspector insufficient given the conflicting testimony of the bartender and the failure to call corroborating police officers.

However, the Board found a breach occurred on February 10, 2007, as the evidence established that the bartender refused service to several intoxicated patrons but failed to take steps to remove them from the premises.

The Board invited written submissions on penalty.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposed Order to revoke the registrant's gaming assistant registration.

The registrant, a casino dealer, had failed to disclose a 2007 conviction for impaired driving, breaching the terms of his registration.

Despite the registrant's plea that losing his licence would cost him his job, the Board found that his past conduct and failure to make full disclosure undermined public confidence in gaming.

The Board confirmed the Registrar's proposed order and revoked the registration.

A hearing was held regarding a Notice of Proposal to suspend the respondent's liquor licence for permitting drunkenness and disorderly conduct, contrary to subsection 45(1) of Ontario Regulation 719/90.

The parties submitted an Agreed Statement of Facts acknowledging that a fight occurred between two intoxicated patrons.

The Board found the breach occurred and, accepting the Joint Submission on Disposition, 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 the liquor licence of Horizon Lounge Sports Bar & Billiards for exceeding capacity limits and permitting underage patrons on the premises.

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

The Board found the licensee breached section 43 of O. Reg 719/90 and a condition of its licence.

The Board accepted the joint submission and ordered a 15-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 the licensee for permitting a person under 19 years of age to consume liquor on the premises.

The parties submitted an Agreed Statement of Facts and Joint Submission on Disposition, admitting the breach of s. 30(4) of the Liquor Licence Act.

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 refuse to renew the liquor delivery licence of the licensee.

The proposal was based on alleged violations of sections 6(2)(a), (d), and (e) of the Liquor Licence Act, stemming from the licensee's failure to disclose past criminal convictions and bankruptcies on his Personal History Reports.

The Board found that the licensee's significant past debt, recent criminal convictions for sexual assault, and admission to making false statements on his applications demonstrated a lack of financial responsibility, honesty, and integrity.

The Board concluded that the licensee violated the Act and ordered that the licence not be renewed.

The applicant applied for additional indoor and outdoor licensed areas for its restaurant.

The City of Hamilton objected on the grounds that it would negatively impact a fragile neighbourhood, but failed to send a representative to the hearing.

A local resident also objected based on an incident with inebriated individuals outside the premises, but could not link them to the applicant's establishment.

The Board found that the applicant operated a thriving business with no history of complaints or police charges.

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

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

At the hearing, the parties submitted an Agreed Statement of Facts admitting that a drunken patron was in the licensed premises, in violation of subsection 45(1) of Ontario Regulation 719/90.

The Board accepted the Joint Submission on Disposition and ordered a six-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to revoke the respondent's liquor licence following a police search of the premises.

The search uncovered an illegal handgun with an obliterated serial number in a basement office, as well as a hidden holster attached under the service bar.

The licensee admitted to separate violations for serving free alcohol and possessing liquor not purchased under licence.

The Board found that the basement office was part of the licensed premises and that the presence of the illegal handgun and holster constituted violations of the Liquor Licence Act and its regulations, as they afforded reasonable grounds for the belief that the business would not be carried out in accordance with the law.

The Board requested written submissions on disposition.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to suspend the respondent's liquor licence for overcrowding and failing to post a suspension placard.

The hearing proceeded ex parte as the respondent did not appear.

The Board accepted the evidence of the police officer and inspector, finding breaches of sections 43 and 55(2) of Ontario Regulation 719/90.

The Board ordered a 55-day suspension of the liquor licence, noting that the respondent had recently offered to surrender its licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent licensee for permitting the consumption of liquor after hours.

The parties submitted an Agreed Statement of Facts admitting the violation of subsection 25(1) of O. Reg. 719/90, and a Joint Submission on Disposition proposing a 21-day suspension.

The Board accepted the joint submission and ordered a 21-day suspension of the liquor licence.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Cactus Pete's Bar and Grill for an alleged violation of subsection 45(1) of Ontario Regulation 719.

During the hearing, after the Registrar's witnesses testified, the Registrar requested to withdraw the Notice of Proposal.

The licensee consented.

The Board allowed the request and the Notice of Proposal was withdrawn.

The applicant applied for a liquor licence for a restaurant located in a city-owned riverfront park.

Resident objectors opposed the application, arguing that a licensed establishment in a public park would attract underage drinkers, set a negative precedent for commercialization, and be contrary to the public interest under s. 6(2)(h) of the Liquor Licence Act.

The Board found that the objectors' concerns were speculative and that the city supported the application and retained control over the lease.

The Board concluded the objectors failed to satisfy their onus to prove the licence was not in the public interest and approved the application.