The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent establishment, alleging a violation of subsection 45(1) of Ontario Regulation 719/90 for permitting drunkenness.
The allegations stemmed from a police visit to the premises following a domestic dispute call, where officers observed two individuals outside the establishment who appeared intoxicated.
The Board found that the police evidence was inconsistent and lacked detailed investigation, as officers did not enter the premises or observe alcohol consumption.
The Board accepted the respondent's evidence that the individuals had consumed minimal alcohol and that health issues may have contributed to signs of intoxication.
The Board concluded that the Registrar failed to prove on a balance of probabilities that the individuals were intoxicated in the licensed premises or that the licensee permitted drunkenness.
The allegations were dismissed.