Jacqueline Castel

The Registrar issued a Notice of Proposal to suspend the liquor licence of Zucca Bar Inc. following an incident where police officers attempted to inspect the premises.

The Board found that the Licensee contravened the Liquor Licence Act and its regulations by permitting a patron to remove liquor from the premises, failing to facilitate a police inspection, and permitting drunkenness on the premises.

The allegation of obstructing an inspection was dismissed, as the brief delay caused by a patron holding the door did not amount to obstruction.

The Board invited written submissions on penalty.

Following a hearing where the Board found the licensee contravened section 15.5 of O. Reg. 718/90 and ordered a one-day suspension, the licensee proposed an acceptable date.

The Board ordered the liquor delivery service licence suspended for one day on March 16, 2009.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the respondent's liquor delivery service license for contravening record-keeping requirements.

An inspector found that nine delivery receipts from a single day lacked the driver's name and the date.

The respondent admitted the contravention but argued it was the fault of a disgruntled former employee and requested no suspension.

The tribunal found the contravention occurred but determined the Registrar's proposed 5-to-7 day suspension was too severe given the isolated nature of the incident.

A one-day suspension was ordered.

Following a finding that the licensee contravened subsection 45(1) of Ontario Regulation 719/90, the Board previously ordered a 25-day suspension of the liquor licence and requested the licensee propose suspension dates.

The licensee proposed acceptable dates, and the Board ordered the suspension to commence on April 19, 2009.

The Board previously found that the Licensee breached subsection 45(1) of Ontario Regulation 719/90 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 liquor licence suspended for 10 consecutive days commencing February 7, 2009.

The Registrar of the Alcohol and Gaming Commission of Ontario issued Notices of Proposal to revoke the licensee's liquor licence for alleged violations including overcrowding, permitting a drunken patron, and open marijuana use.

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

The Board accepted the joint submission, finding the licensee breached the regulations, and ordered a 30-day suspension of the liquor licence along with the addition of several conditions regarding security and video surveillance.

Following a finding that the licensee permitted drunkenness on its premises in violation of subsection 45(1) of Ontario Regulation 719/90, the Board held a hearing to determine the appropriate sanction.

The Registrar sought a 25 to 28-day suspension, citing the licensee's history of similar infractions and failure to implement proactive due diligence measures.

The licensee requested a more lenient sanction, pointing to recent corrective actions.

The Board found the licensee's corrective measures to be reactive and, given the seriousness of the contravention and the licensee's history of three prior similar violations, ordered a 25-day suspension of the liquor licence to achieve specific and general deterrence.

The Registrar sought a 10-day suspension of the licensee's liquor licence after the Board found the licensee permitted drunkenness on its premises, contrary to subsection 45(1) of Ontario Regulation 719/90.

The incident involved four highly intoxicated individuals, including the owner/manager of the establishment.

The Board rejected the licensee's request for a shorter suspension, noting the seriousness of the contravention, the lack of mitigating factors, and a prior similar contravention four months earlier.

A 10-day suspension was ordered to achieve specific and general deterrence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to refuse a liquor licence to the applicant, 1744271 Ontario Inc., operating as Palace Karaoke.

During a period when the applicant operated under an authorization to contract out, AGCO inspectors observed numerous serious contraventions of the Liquor Licence Act and its regulations.

These included failing to clear signs of beverage alcohol service after 2:45 a.m., serving alcohol after 2:00 a.m., permitting intoxicated patrons to remain on the premises, purchasing alcohol off-licence, and obstructing inspectors by concealing evidence.

The Board found that the applicant's principal understood the legal requirements but chose not to comply, and demonstrated a lack of honesty and integrity.

The Board upheld the Notice of Proposal to refuse the liquor licence under s. 6(2)(d) of the Act.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the Licensee for allegedly permitting drunkenness on its premises, contrary to subsection 45(1) of Ontario Regulation 719/90.

AGCO inspectors observed two patrons exhibiting pronounced signs of intoxication, one of whom admitted to consuming Special K in addition to alcohol.

The Board found the inspectors' evidence credible and concluded that the Licensee failed to diligently monitor and regulate beverage alcohol service.

The Board found that the Licensee contravened the regulation with respect to both patrons and invited written submissions on penalty.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the liquor licence of the respondent establishment for allegedly permitting drunkenness on the premises, contrary to subsection 45(1) of Ontario Regulation 719/90.

A liquor inspector testified to observing four intoxicated individuals, including the manager, exhibiting clear signs of advanced intoxication.

The Board found the inspector's evidence credible and reliable, rejecting the manager's testimony as inconsistent and unreliable.

The Board concluded that the licensee violated the regulation and invited written submissions on penalty.

The Board of the Alcohol and Gaming Commission previously ordered a 15-day suspension of the licensee's liquor licence for contraventions of the Liquor Licence Act and its regulations.

The Board requested the licensee to propose suspension dates.

The licensee proposed acceptable dates, and the Board ordered the 15-day suspension to commence on October 22, 2008.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence for serving alcohol after 2:00 a.m. and failing to clear signs of service by 2:45 a.m.

The Licensee admitted to the facts, explaining that an employee served friends against company policy and without management's knowledge.

Given the Licensee's 26-year unblemished record, cooperation, and remorse, the Board declined to impose a suspension and instead issued a warning.

The Alcohol and Gaming Commission of Ontario held a hearing to determine the appropriate sanction for a licensee found to have permitted drunkenness in its establishment, contrary to subsection 45(1) of Ontario Regulation 719/90.

The Registrar sought a 14-day suspension based on the licensee's extensive history of similar infractions.

The licensee argued for a warning or a 7-day suspension, noting that corrective measures had been implemented and that the police had praised its security procedures.

The Board ordered an 8-day suspension, finding that while the licensee's history warranted a suspension for specific and general deterrence, mitigating factors such as cooperation with police and prompt remedial action justified a lesser penalty than requested by the Registrar.

The Board previously found the Licensee contravened the Liquor Licence Act by failing to clear signs of service and obstructing police and liquor inspectors.

In this decision on sanction, the Registrar sought a 17 to 21-day suspension, while the Licensee proposed 7 to 10 days.

The Board noted the serious nature of the multiple contraventions and the blatant attempts to conceal them.

Finding no extenuating circumstances or remedial measures, but considering it was a first offence with no disruptive behaviour, the Board ordered a 15-day suspension and added a condition requiring the entrance door to remain unlocked while patrons are inside.

The Alcohol and Gaming Commission of Ontario issued an order suspending the liquor licence of 1412407 Ontario Inc., operating as Cottage Restaurant & Lounge, for 14 days.

The Board previously found the licensee breached the Liquor Licence Act and its regulations.

The licensee proposed acceptable suspension dates, and the Board ordered the suspension to commence on November 10, 2008.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the establishment for allegedly permitting drunkenness and the consumption of a controlled substance (marijuana) on the premises.

Following a hearing, the Board found that the Licensee contravened subsection 45(1) of O.Reg 719/90 by failing to prevent a patron from becoming extremely intoxicated in the bottle service area.

However, the Board dismissed the allegation under subsection 45(2), finding that the mere smell of burning marijuana, without locating its source, was insufficient evidence to prove a controlled substance was consumed on the premises.

The applicant applied to the Alcohol and Gaming Commission of Ontario for a liquor licence for an outdoor patio at its restaurant.

Local residents objected to the application, arguing that the patio would exacerbate existing noise problems caused by patrons congregating and smoking outside the establishment late at night.

The Board found that the objectors failed to establish that issuing the licence was not in the public interest, noting the applicant's willingness to mitigate noise.

The Board approved the application subject to several conditions, including a prohibition on amplified sound on the patio, a midnight curfew for alcohol service, and the installation of a noise barrier.

The Board previously found that the Licensee contravened the Liquor Licence Act and its regulations by failing to clear signs of service, permitting customers to exit with alcohol, permitting drunkenness, and obstructing a police officer conducting an inspection.

The Registrar sought a 14-day suspension, emphasizing the severity of obstructing an inspection and the lack of due diligence.

The Licensee requested a 7-day suspension, citing difficulties in controlling patrons and alleging harassment by the inspecting officer.

The Board found the contraventions serious, particularly the obstruction which compromised public safety.

Noting the Licensee's failure to accept responsibility or demonstrate effective corrective measures, the Board ordered a 14-day suspension of the liquor licence to achieve specific and general deterrence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend and add a condition to the liquor licence of a karaoke bar for alleged violations of the Liquor Licence Act and its regulations.

Liquor inspectors and police attended the premises on multiple occasions after hours and observed patrons and staff attempting to conceal pitchers and tumblers of beer, including by pouring the contents on the floor, before allowing the inspectors entry.

The Board found that the Licensee contravened subsections 45(1) and 45(2) of the Act by obstructing and failing to facilitate the inspections, and section 29 of Ontario Regulation 719/90 by failing to clear signs of service by 2:45 a.m.

The Board dismissed the allegation of serving liquor outside prescribed hours under subsection 25(1) of the Regulation due to insufficient evidence of the exact time of service.