Grace Kerr

The Registrar of the Alcohol and Gaming Commission of Ontario sought to suspend the licensee's liquor licence for alleged violations including overcrowding, inadequate security, permitting a controlled substance (marijuana) on the patio, and blocking fire exits.

The licensee admitted to the overcrowding and security breaches.

After a hearing, the Board dismissed the allegations regarding the controlled substance, finding insufficient evidence that the licensee knew or ought to have known about the marijuana use.

The Board also dismissed the fire exit allegations, preferring the licensee's evidence that the exits were not obstructed.

The Board found the licensee in breach of the capacity and security conditions and invited submissions on penalty.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Mac's North End Pub due to the licensee's failure to file returns and remit Retail Sales Tax (RST) since 2008.

The Board found that the licensee's complete failure to meet its RST obligations demonstrated a lack of financial responsibility, violating subsection 6(2)(a) of the Liquor Licence Act.

However, the Board dismissed the allegation under subsection 6(2)(d), finding that the failure resulted from the licensee being overwhelmed and lacking financial control, rather than from dishonesty or a lack of integrity.

The Board invited written submissions on penalty.

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 Koi Restaurant & Lounge, alleging it permitted drunkenness on the premises contrary to subsection 45(1) of O.Reg 719/90.

The allegation arose after a patron threw a beer bottle at a police cruiser from the premises.

The police officer who investigated the mischief noted signs of impairment in the patron and two companions but did not conduct a liquor investigation or arrest them for public intoxication.

The Board found insufficient evidence to conclude the patrons were drunk or that the Licensee permitted drunkenness, noting the lack of evidence regarding their consumption or conduct prior to the incident.

The allegation was dismissed.

The Board of the Alcohol and Gaming Commission of Ontario held a pre-hearing conference regarding a Notice of Proposal to suspend the liquor licence of 1695368 Ontario Inc. The Board ordered the licensee to disclose its witness list and evidence summaries to the Registrar 10 days before the hearing, and ordered the Registrar to complete any further disclosure 10 days before the hearing.

A pre-hearing conference was held regarding a Notice of Proposal to revoke the liquor licence of a restaurant.

The Board ordered the licensee to disclose its witness list and evidence summaries to the Registrar's Representative 10 days before the hearing, and ordered the Registrar's Representative to complete any further disclosure by the same deadline.

At a pre-hearing tele-conference regarding a Notice of Proposal to suspend a liquor licence, the Board ordered the Licensee and the Registrar to exchange witness lists, detailed summaries of witness evidence, and any further disclosure at least 10 days prior to the scheduled hearing date.

At a pre-hearing tele-conference regarding a Notice of Proposal to suspend a liquor licence, the Board ordered mutual disclosure.

The Licensee was ordered to disclose its witness list and evidence summaries to the Registrar 10 days before the hearing, and the Registrar was ordered to complete any further disclosure by the same deadline.

The Registrar issued a Notice of Proposal to refuse the transfer of a liquor licence to the applicant due to unpaid retail sales tax.

At the hearing, the parties presented an Agreed Statement of Facts and a Joint Submission on Disposition.

The Board accepted the joint submission, finding that the applicant breached the Liquor Licence Act by failing to remit $5,975.71 in retail sales tax.

The Board ordered that the transfer be dismissed effective July 30, 2010, unless the applicant remitted the outstanding amount in full prior to that date, in which case the transfer would be approved.

Following a pre-hearing tele-conference regarding a Notice of Proposal to suspend the liquor licence of Annie's Bar & Grill, the Board ordered mutual disclosure of witness lists, evidence summaries, and other materials ten days prior to the scheduled hearing date.

At a pre-hearing conference regarding a Notice of Proposal to suspend a liquor licence, the Board ordered mutual disclosure between the Registrar and the Licensee.

The Licensee was ordered to provide a witness list and detailed summaries of evidence, and both parties were ordered to complete disclosure 10 days prior to the scheduled hearing.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence, alleging that the Licensee permitted drunkenness and served an intoxicated patron on two separate dates.

The Board found that on the first date, the patron in question likely had a mental disability rather than being intoxicated, and the Licensee did not know or ought to have known of any drunkenness.

On the second date, an intoxicated female patron was denied service and entry by the Licensee, meaning the Licensee did not permit her drunkenness.

All allegations were dismissed.

The applicant applied for an additional outdoor licensed area for 33 persons at its establishment.

Several local residents objected to the application, raising concerns about potential noise, increased foot traffic, safety, and property values.

The Board found that the objectors' concerns, while genuine, were largely speculative or related to the establishment's prior ownership.

The Board approved the application, concluding that the objectors failed to prove that granting the licence was not in the public interest, but imposed several conditions on the licence to address the residents' concerns, including restrictions on hours of operation and a prohibition on amplified music.