Guy Maurice

The licensee applied to the Alcohol and Gaming Commission of Ontario to remove a condition on its liquor licence that required its outdoor patio to cease service at 10:15 p.m.

The licensee argued that the early closing time placed it at a competitive disadvantage.

Area residents and the local ratepayers association objected, citing ongoing noise disturbances.

The Board denied the application, finding that a loss of customers to competitors did not constitute a 'change in circumstances' under the Liquor Licence Act sufficient to justify removing the condition.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of the respondent.

The Board issued a procedural order directing both the licensee and the Registrar to complete mutual disclosure of witness lists, evidence summaries, and other materials at least 10 days prior to the scheduled hearing date.

The Registrar issued a Notice of Proposed Order to refuse the applicant's registration as a gaming assistant due to financial irresponsibility and failure to disclose information.

The applicant did not attend the hearing, which proceeded ex parte.

The Board found that the applicant's history of bankruptcies, outstanding debts, and evasiveness during the investigation demonstrated a lack of honesty and integrity.

The Board confirmed the Registrar's order refusing the registration.

At a pre-hearing 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 10 days before the hearing, and the Registrar was ordered to complete any further disclosure by the same deadline.

At a pre-hearing conference regarding two Notices of Proposal to suspend the liquor licence of Metro Lounge, the Board ordered on consent that the matters be heard together.

The Board also set deadlines for both the Licensee and the Registrar to provide witness lists, evidence summaries, and further disclosure ten days before the scheduled hearing.

At a pre-hearing conference regarding a Notice of Proposal to suspend a liquor licence, the Board ordered the licensee to disclose its witness list and evidence summaries to the Registrar 10 days prior to the hearing.

The Registrar was also ordered to complete any further disclosure 10 days before the hearing.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence, alleging two breaches of section 43 of O.Reg 719/90 for overcrowding on the upper patio during a busy night of the Stanley Cup playoffs.

An AGCO inspector testified to conducting counts showing the patio was over capacity at 10:00 p.m. and 11:45 p.m.

The licensee's staff testified that they maintained capacity but experienced issues with patrons jumping the patio fence.

The Board found insufficient evidence of a breach at 10:00 p.m. but concluded a breach occurred at 11:45 p.m., noting the licensee's staff admitted to being over capacity at that time due to fence jumpers.

The Board invited written submissions on penalty, noting the licensee's due diligence would be considered.

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

The parties submitted an Agreed Statement of Facts admitting that five intoxicated patrons were present in the licensed premises, constituting a breach of s. 45(1) of O. Reg. 719/90.

The Board accepted the joint submission on disposition and ordered a 10-day suspension of the liquor licence.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence based on alleged violations of the Liquor Licence Act and its regulations.

The allegations involved permitting violent conduct by security staff against a patron on November 19, 2006, and permitting drunkenness on December 16, 2006.

The Board dismissed the violent conduct allegation, finding the testimony of the patron and his girlfriend contradictory and preferring the consistent evidence of the establishment's staff.

However, the Board found that the Licensee permitted drunkenness on December 16, 2006, based on the clear and convincing evidence of police officers and liquor inspectors who observed an intoxicated female patron inside the premises.

Following a finding that the licensee violated section 29 of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90, the Board considered a joint submission on sanction.

The Board accepted the joint submission and ordered a 19-day suspension of the liquor licence.

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

The Registrar's Representative sought an amendment to a previous Board order dated June 9, 2008, to more accurately reflect the oral order made at the pre-hearing.

The Board granted the request and amended the order to require the licensee to disclose a list of witnesses and witness statements, rather than detailed summaries of each witness's evidence, ten days before the hearing date.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of The James Joyce Irish Pub.

The Board ordered mutual disclosure of witness lists, evidence summaries, and other documents ten days prior to the scheduled hearing date.

Following a pre-hearing teleconference regarding Notices of Proposal to suspend a liquor licence, the Board of the Alcohol and Gaming Commission of Ontario ordered mutual disclosure.

The Licensee and the Registrar were ordered to exchange witness lists, witness statements, and other required disclosure 14 days prior to the scheduled hearing date.

At a pre-hearing conference regarding a Notice of Proposal to suspend the liquor licence of Black Bull Pub and Eatery Ltd., the Board ordered that the Notice of Proposal be amended to correct a statutory reference from section 45.1 of the Liquor Licence Act to section 45.1 of Ontario Regulation 719/90.

The Board also set a schedule for the mutual disclosure of witness lists, witness statements, and other materials pursuant to the AGCO Rules of Practice, to be completed 14 days prior to the scheduled hearing.

The Licensee applied to remove a condition on its liquor licence that prohibited the sole shareholder's husband from being in the licensed premises during operating hours.

The condition had been imposed due to concerns that the sole shareholder was acting as a 'front' for her husband, who had previously surrendered a liquor licence for the same premises following multiple infractions.

The Licensee argued that the premises had changed from a bar to a family restaurant and that the husband should be allowed to socialize with his family there.

The Board found no evidence of a change in circumstances that would justify removing the condition, noting that the family could socialize elsewhere.

The application was denied.

The Registrar's Representative sought an amendment to a previous Board order dated May 23, 2008, to more accurately reflect the oral order made at the pre-hearing regarding disclosure obligations.

The Board granted the request and amended the order to specify that the Licensee must provide a list of witnesses and witness statements 21 days before the hearing, advise if a specific witness will be called 14 days before the hearing, and that the Registrar must complete further disclosure 21 days before the hearing.

The Registrar's Representative sought an amendment to a pre-hearing order to more accurately reflect the oral order made at the pre-hearing regarding disclosure deadlines.

The Board amended the order to require the Licensee to disclose its witness list, will-says, and other disclosure 21 days before the hearing, and for the Registrar to complete any further disclosure 21 days before the hearing.

A pre-hearing teleconference was held regarding a Notice of Proposal to suspend the liquor licence of Shots Sports Tap & Grill.

The Board ordered both the Licensee and the Registrar to provide mutual disclosure, including witness lists and evidence summaries, 21 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 of witness lists, evidence summaries, and other documents pursuant to Rule 7 of the AGCO Rules of Practice, to be completed 21 days before the scheduled hearing.