Jacqueline Castel

Following a finding that the Licensee violated subsection 45(1) of O.Reg 719/90 by permitting three drunken patrons on its premises, the Board considered the appropriate sanction.

The Registrar sought a seven-day suspension, while the Licensee argued for a maximum of three days, citing its recent opening, cooperation, and extensive remedial measures.

The Board imposed a four-day suspension, balancing the seriousness of the violation with the mitigating factors, including the Licensee's prompt implementation of improved security policies and procedures.

The Board previously found that the Licensee, operating as the Horseshoe Tavern, violated section 29 of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90 in respect of one patron.

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

The Board ordered the liquor licence suspended for six consecutive days commencing August 9, 2009.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence for permitting drunkenness and failing to keep liquor purchase and sales receipts.

The licensee admitted to the contraventions.

The Registrar sought a 14-day suspension, noting a prior 7-day suspension in 2008.

The licensee requested leniency and a stayed suspension because she was retiring and selling the business.

The Board found that while specific deterrence was not applicable due to the pending transfer of the licence, a suspension was necessary for general deterrence given the serious and repeated nature of the contraventions.

Considering the licensee's admission, remorse, and the different nature of the prior contraventions, the Board ordered a 10-day suspension.

The tribunal determined the appropriate penalty after finding the licensee violated s. 45(1) of O. Reg. 719/90 by permitting intoxication.

The Registrar sought a 10-day liquor license suspension, citing a prior unrelated infraction and the severity of the incident, which resulted in a patron's arrest.

The licensee argued for leniency, citing economic hardship and the isolated nature of the incident over 29 years of operation.

The tribunal imposed an 8-day suspension, finding the infraction serious and noting the lack of proactive corrective measures, but reducing the proposed penalty due to the licensee's long history with only one prior infraction.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence, alleging that the Licensee permitted drunkenness on the premises in violation of subsection 45(1) of O. Reg. 719/90.

AGCO inspectors observed a patron vomiting in the washroom and exhibiting signs of intoxication, such as bloodshot eyes and slurred speech.

The patron testified that he had consumed two shots of whiskey at a friend's house prior to arriving, but became violently ill shortly after arriving at the premises due to a sushi dinner.

The Board accepted the patron's testimony and found that the Registrar failed to prove on a balance of probabilities that the patron was drunk on the premises.

The allegation was dismissed.

The Licensee was found to have violated the Liquor Licence Act by permitting drunkenness and serving an intoxicated patron.

The Registrar sought a 12 to 14-day suspension, citing past suspensions for overcrowding.

The Licensee argued for a warning, noting its 27-year history without intoxication-related infractions.

The Board found the contraventions serious but considered the Registrar's proposed penalty too harsh given the Licensee's long history of compliance regarding intoxication.

The Board ordered a 6-day suspension of the liquor licence.

Following a finding that the licensee breached subsection 45(1) of Ontario Regulation 719/90 by permitting drunkenness, the Board ordered a four-day suspension of the liquor licence.

The licensee proposed acceptable suspension dates, and the Board ordered the suspension to commence on July 17, 2009.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the corporate licensee for allegedly permitting an underage patron to consume alcohol, contrary to subsection 30(4) of the Liquor Licence Act.

During a police inspection, an 18-year-old patron was found consuming beer.

The licensee argued that the patron had presented false identification showing he was 19, which he later disposed of before being searched by police.

The Board rejected this defense as lacking credibility, finding that the patron was under continuous police observation and no such identification was found.

The Board concluded that the licensee contravened the Act and invited submissions on penalty.

The applicant applied for a liquor licence for an outdoor patio with a capacity of 28 persons.

Resident objectors opposed the application, primarily citing concerns about potential noise and smoke from patrons on the patio, which would be located near their residences.

The Board found that while the residents' concerns were genuine, they were based on speculation about potential negative impacts and did not establish that granting the licence was contrary to the public interest.

The Board approved the application subject to several conditions agreed to by the applicant, including a prohibition on music, a 9:00 p.m. last call, and a 10:00 p.m. closure time, to mitigate the residents' concerns.

The applicant requested a hearing after the Registrar issued a Notice of Proposal to refuse the transfer of a liquor licence.

The applicant failed to attend the hearing, which proceeded ex parte.

Evidence established that the applicant served alcohol after hours, permitted alcohol in unlicensed areas, obstructed inspectors, and continued to sell liquor after a Cease and Desist Order was issued.

The Board found that the applicant's past conduct afforded reasonable grounds for belief that she would not carry on business in accordance with the law and with integrity and honesty under s. 6(2)(d) of the Liquor Licence Act.

The Board upheld the Registrar's proposal to refuse the licence transfer.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the Horseshoe Tavern for allegedly permitting drunkenness and serving an intoxicated patron.

Following a hearing, the Board found the evidence of the AGCO inspectors to be clear and credible, establishing that a male patron exhibited obvious signs of intoxication and was subsequently served two alcoholic beverages.

The Board concluded that the Licensee contravened section 29 of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90, and invited written submissions on penalty.

The Board previously found that the licensee breached the Liquor Licence Act and its regulations, and ordered a 10-day suspension of its liquor licence.

The licensee proposed suspension dates which were acceptable to the Board.

The Board ordered the 10-day suspension to commence on July 4, 2009.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Circa, a large nightclub in Toronto, alleging a violation of subsection 45(1) of O. Reg. 719/90 for permitting drunkenness.

During a routine inspection, AGCO inspectors and a seconded police officer observed three separate patrons exhibiting pronounced signs of intoxication, including staggering, slurred speech, and passing out.

The Board found the evidence of the enforcement personnel credible and concluded that the Licensee failed to monitor and regulate alcohol consumption or promptly remove the intoxicated patrons.

The Board found the Licensee violated the regulation and invited 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 respondent establishment for allegedly permitting drunkenness and disorderly conduct by two patrons, contrary to subsection 45(1) of Ontario Regulation 719/90.

The Board found insufficient evidence that the first patron was drunk, noting he was cooperative and had a handicap that explained his physical condition.

For the second patron, the Board found he was drunk due to a combination of alcohol and medication, and the Licensee permitted him to remain on the premises.

However, the Board dismissed the allegation of disorderly conduct, finding the patron's behavior did not rise to the required level.

The Board found a contravention for permitting drunkenness regarding the second patron and invited submissions on penalty.

The Registrar sought a 14-day suspension of the Licensee's liquor licence following findings that the Licensee permitted drunkenness and failed to facilitate an inspection.

The Licensee requested a fine and a written apology.

The Board found that a 10-day suspension was appropriate, noting the seriousness of the contraventions, the lack of due diligence procedures, and the Licensee's lack of remorse, while considering the Licensee's status as a first-time offender and good corporate citizen.

The Registrar of the Alcohol and Gaming Commission of Ontario issued Notices of Proposal to revoke and refuse the transfer of the Licensee's liquor licence due to outstanding Retail Sales Tax debt.

During the hearing process, the Licensee entered into a repayment agreement with the Ministry of Revenue and subsequently paid the outstanding debt in full.

As a result, the Registrar requested to withdraw the Notices of Proposal, and the Board accepted the withdrawal.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence, alleging that the Licensee permitted drunkenness on the premises contrary to subsection 45(1) of Ontario Regulation 719/90.

During a routine inspection, AGCO inspectors observed a patron exhibiting signs of intoxication.

The Board found that while the patron was intoxicated, there was insufficient evidence that the Licensee permitted the drunkenness.

The Licensee had attempted to control the patron's disruptive behaviour while engaged in conversation with the inspectors, and the inspectors left before observing whether the Licensee took steps to remove the patron.

The allegation was dismissed.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence for allegedly permitting drunkenness in the premises, contrary to s. 45(1) of Regulation 719/90.

During a police inspection, two patrons were found to be highly intoxicated inside the establishment.

The Board found that regardless of whether the patrons were served alcohol at the establishment or arrived already intoxicated, the Licensee permitted drunkenness by allowing them to remain on the premises.

The Board concluded that the Licensee breached the regulation and requested written submissions on penalty.

The applicant applied for a liquor licence for a sports bar.

Resident objectors opposed the application, citing concerns about insufficient parking and potential noise from the outdoor smoking area.

The Board found that the objectors did not establish that issuing the licence was contrary to the public interest, noting that the municipality had recently reviewed and approved the parking situation.

However, acknowledging the residents' valid concerns, the Board approved the licence subject to conditions requiring the licensee to advertise off-site parking availability and monitor noise from the smoking area.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent for allegedly permitting a minor to consume liquor on the premises, contrary to section 30(4) of the Liquor Licence Act.

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 licensee breached the Act, and ordered a five-day suspension of the liquor licence.