Kirsti Hunt

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent establishment.

Following a hearing where the Board found the licensee contravened section 45.1 and subsection 45(1) of Ontario Regulation 719/90 by failing to properly monitor an intoxicated patron and manage patrons outside the premises, the parties provided written submissions on sanction.

The Board ordered a six-day suspension of the liquor licence and added a condition requiring the licensee to maintain a video surveillance system.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding an appeal of an Order of Monetary Penalty issued to the licensee.

The Board ordered the licensee to disclose its witness list and evidence summaries, and the Registrar's Representative to complete any further disclosure, both by April 12, 2011, ahead of the scheduled hearing.

At a pre-hearing conference regarding a liquor licence application by the applicant, the City of Toronto requested party status.

With the consent of the parties, the Board granted the City of Toronto party status for the upcoming hearing.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the Licensee's liquor licence, alleging that the Licensee permitted drunkenness on its premises.

The allegations arose after a patron left the establishment and was involved in a fatal motor vehicle collision while driving the wrong way on a divided highway.

The patron exhibited significant signs of intoxication at the accident scene and registered a high blood alcohol concentration.

However, upon reviewing extensive video surveillance from the establishment and hearing testimony from staff, the Board found no evidence that the patron exhibited signs of intoxication while on the premises.

The Board concluded there was insufficient evidence that the Licensee's staff knew or ought to have known the patron was intoxicated, and dismissed the allegations.

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 alleged violations of the Liquor Licence Act and its regulations.

Following an inspection during a busy festival weekend, inspectors and police observed a 13-year-old consuming alcohol on the licensed patio without having been asked for identification, as well as several intoxicated patrons.

The Board found that the licensee breached the Act by permitting a minor to consume liquor, failing to check identification, and permitting drunkenness on the premises.

The Board invited written submissions on penalty.

Following a finding that the licensee breached section 29 of Ontario Regulation 719/90 by failing to clear signs of alcohol service after hours, the Board considered the appropriate sanction.

The Registrar sought a 14-day suspension based on the original Notice of Proposal.

However, because the Board had previously dismissed an accompanying allegation under subsection 25(1), it found a 14-day suspension inappropriate.

The Board ordered a 7-day suspension of the liquor licence to serve as both general and specific deterrence.

The Alcohol and Gaming Commission of Ontario held a pre-hearing conference regarding a Notice of Proposal to suspend the liquor licence of Classic Cocktails Bar & Grill.

The Board ordered the licensee to disclose its witness list and evidence summaries to the Registrar ten days before the scheduled hearing, and ordered the Registrar to complete any further disclosure within the same timeframe.

A pre-hearing teleconference was held regarding a Notice of Proposal to suspend the liquor licence of the Plaza Hotel.

The Board ordered the Licensee and the Registrar to provide mutual disclosure, including witness lists and evidence summaries, at least 10 days prior to the scheduled hearing.

The applicant applied for a liquor licence for the Waterfront Dome, a domed structure in Wasaga Beach.

The Registrar issued a Notice of Proposal to review the application after receiving objections from local residents.

The objectors argued that the dome was a temporary structure lacking permanent washrooms and kitchens, and raised concerns about noise.

The Board found that structural and municipal compliance matters are for the Registrar and the municipality to decide, not the Board.

The Board concluded that the objectors failed to prove that issuing the licence would be against the public interest, and approved the application.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to suspend the liquor licence of Agogo Karaoke Inc. for multiple violations of the Liquor Licence Act and its regulations.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition, admitting to infractions including overcrowding, failing to clear signs of service, obstructing an inspection, and providing false information on a licence application.

The Board accepted the joint submission and ordered a 30-day suspension of the liquor licence.

The Board previously ordered a 17-day suspension of the licensee's liquor licence for violations of the Liquor Licence Act and its regulations.

The licensee appealed the decision to the Divisional Court and obtained a stay pending the appeal.

Following the dismissal of the appeal by the Divisional Court, the Board issued this order setting the new dates for the 17-day suspension, as proposed by the licensee and accepted by the Board.

The Registrar issued a Notice of Proposal to refuse to renew the licensee's liquor licence due to retail sales tax arrears of over $109,000.

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

The Board accepted the joint submission and ordered that conditions be added to the licence, requiring the licensee to enter into a Memorandum of Understanding with the Ministry of Revenue, pay $20,000 immediately, and ensure all future tax returns are filed on time with full payment.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the respondent's liquor licence for permitting a drunk patron in the establishment.

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

The Board found a violation of s. 45(1) of O.Reg 719/90 and ordered a 9-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Nikki's Sports Gallery for alleged violations of permitting drunkenness and failing to deter disorderly conduct.

A female patron became severely intoxicated from a combination of alcohol and drugs while on the premises.

Later, her boyfriend and other patrons engaged in an altercation with police outside the establishment, and the bar's security staff failed to assist the officers.

The Board found that the Licensee breached both subsection 45(1) and section 45.1 of O.Reg. 719/90 by failing to monitor the patron's alcohol consumption and failing to intervene to assist police during the disorderly conduct.

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

The Board found that the Licensee failed to clear signs of service, as admitted by the manager.

However, the Board dismissed the allegation of serving alcohol after hours, accepting the manager's credible explanation that the beer bottles were cold because they had been kept in an ice bucket on the patrons' table, rather than being recently served.

The Board requested written submissions on penalty.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to suspend the liquor licence of Club Frequency Inc. based on multiple alleged violations, including permitting intoxicated patrons, after-hours consumption, and failing to deter disorderly conduct.

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.

The Board ordered a 45-day suspension of the liquor licence and imposed several conditions, including the implementation of a Safety and Security Plan and a Compliance Plan.

The Registrar of the Alcohol and Gaming Commission of Ontario issued Notices of Proposal to suspend the liquor licence of Nava Restaurant & Bar for alleged violations of the Liquor Licence Act and its regulations.

The parties submitted an Agreed Statement of Facts admitting that the Licensee permitted intoxicated patrons on the premises, supplied liquor to an intoxicated person, and failed to deter disorderly conduct.

The Board accepted the joint submission and ordered a 14-day suspension of the establishment's liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of On the Rocks Restaurant and Lounge for alleged violations of the Liquor Licence Act.

The parties submitted an Agreed Statement of Facts admitting to incidents of overcrowding and permitting intoxicated persons on the premises.

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

The Licensee brought a motion for a permanent stay of proceedings regarding a Notice of Proposal to suspend its liquor licence, arguing that the organizational structure and operational realities of the Alcohol and Gaming Commission of Ontario (AGCO) created a reasonable apprehension of bias.

The Licensee alleged a lack of administrative independence and institutional impartiality due to overlapping functions of the Chair, Board members, and the Registrar.

The Panel dismissed the motion, finding that the statutory framework, including the prohibition against prior consideration under s. 10(3) of the Alcohol and Gaming Regulation and Public Protection Act, 1996, and the operational realities of the AGCO maintained a clear separation between the adjudicative and investigative/prosecutorial functions.

The Panel concluded that a reasonable and informed person would not find a reasonable apprehension of bias.

The licensee appealed an Order of Monetary Penalty of $2,000 issued by the Registrar for allegedly breaching a condition of its liquor licence that required a security guard to be present on Thursday, Friday, and Saturday nights.

During a routine inspection, an AGCO inspector found no security guard on the premises.

The licensee provided evidence that the security guard, who was new, arrived late due to a misunderstanding of the start time and getting lost.

The Board found that while a technical breach occurred, it was not wilful and resulted from circumstances outside the licensee's control.

The Board dismissed the alleged violation and set aside the monetary penalty.