Kirsti Hunt

The Registrar sought a 14-day suspension of the licensee's liquor licence after the Board found the licensee violated subsection 45(1) of Ontario Regulation 719/90 by permitting two intoxicated patrons on the premises.

The licensee argued for a 3-day suspension.

Considering principles of specific and general deterrence, as well as the licensee's proactive measures to bar unruly patrons and lack of prior suspensions, the Board imposed a 5-day suspension.

The applicant applied for a liquor licence for a cafe located on the main floor of a building with residential condominiums.

The Registrar issued a Notice of Proposal to review the application after receiving written objections raising concerns about noise, nuisance, and smoking.

At the hearing, no objectors attended.

The applicant testified that the cafe had operated without a licence for six months without issue, would operate with limited hours, and had a covered patio where smoking was prohibited.

The Board found that the objectors failed to meet their onus to show that issuing the licence would be against the public interest and approved the application.

The Licensee brought a motion seeking further disclosure of records and an adjournment of the hearing into a proposal to suspend its liquor licence.

The Licensee argued that an adjournment was necessary pending a Freedom of Information appeal and due to counsel's unavailability.

The Board ordered disclosure only for substantive matters and denied the request for disclosure related to a pending bias motion.

The Board dismissed the adjournment request, citing the public interest in proceeding expeditiously and noting that the hearing dates had been agreed to unconditionally months prior.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the respondent's liquor licence for allegedly permitting drunkenness on the premises.

Following an inspection, AGCO inspectors observed four patrons exhibiting signs of intoxication.

The Board found that two of the patrons were intoxicated and that the licensee permitted them to be drunk on the premises, as they were observed drinking alcohol over a sufficient period for staff to notice their condition.

The allegation regarding a third patron was dismissed as staff had cut her off, and the fourth patron was found not to be intoxicated.

The Board concluded the licensee violated subsection 45(1) of Ontario Regulation 719/90 and requested submissions on penalty.

The licensee requested an amendment to the dates of a 15-day liquor licence suspension previously ordered by the Board.

The Registrar did not oppose the request.

The Board granted the amendment, changing the suspension dates to commence on August 25, 2010, and continue until September 9, 2010.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence for alleged violations of the Liquor Licence Act.

The parties submitted an Agreed Statement of Facts acknowledging that the licensee permitted an intoxicated 18-year-old to consume alcohol on the premises' patio without staff intervention.

The Board found the licensee breached the Act and regulations.

Accepting a joint submission on disposition, the Board ordered a 15-day suspension of the liquor licence.

The Board previously found that the licensee breached the Liquor Licence Act and its regulations, and ordered a 14-day suspension of its liquor licence.

The Board requested the licensee to propose suspension dates.

The licensee proposed dates that were acceptable to the Board.

The Board ordered the 14-day suspension to commence on July 5, 2010.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the respondent's liquor licence for alleged violations of the Liquor Licence Act and regulations, specifically serving alcohol after hours, failing to clear signs of service, and obstructing an inspection.

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

The Board accepted the inspectors' evidence that the licensee delayed opening the door to hide signs of service and that alcohol was served after 2:00 a.m.

Given a prior similar infraction and the obstruction, the Board ordered a 14-day suspension of the liquor licence.

The Licensee raised a motion regarding the Board's jurisdiction to hear further evidence in a hearing to suspend its liquor licence.

The motion was adjourned pending the outcome of the Licensee's appeals with the Information and Privacy Commissioner of Ontario regarding freedom of information requests.

The Board ordered the parties to advise the Commissioner of the adjournment and request an estimated timeline for the appeals.

The Registrar sought to revoke the licensee's liquor licence after the Board found the licensee contravened the Liquor Licence Act by permitting his brother to work and be in charge of the premises, despite knowing of his brother's prior conviction for possession of cocaine while working there.

The licensee failed to provide submissions on sanction.

Given the licensee's history of four previous suspensions and his abdication of responsibility, the Board found that a suspension or additional conditions would be ineffective.

The Board ordered the immediate revocation of the liquor licence for specific and general deterrence.

The Board of the Alcohol and Gaming Commission of Ontario issued an order scheduling a motion on jurisdiction raised by the Licensee during a hearing regarding a Notice of Proposal to suspend its liquor licence.

The hearing had been adjourned sine die, and the Board ordered the motion to proceed on May 11-13, 2010, or alternatively, for the hearing to resume on those dates if the Licensee elected not to proceed with the motion.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposed Order to suspend the lottery retailer and break open ticket seller registration of the Registrants, who operate a convenience store.

The suspension was proposed after one of the co-owners was convicted under the Criminal Code for keeping an illegal gambling machine (a Lucky 8 Line machine) on the premises.

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

The tribunal accepted the joint submission, ordering a 30-day suspension of the registration and imposing conditions requiring the Registrants to report any future charges or convictions and to ensure no unlicensed gaming machines are permitted on the premises.

Following a hearing, the Board previously found that the Licensee violated section 29 of Ontario Regulation 719/90 and ordered a 12-day suspension of its liquor licence.

The Board requested the Licensee to propose suspension dates.

The Licensee proposed dates that were acceptable to the Board.

The Board ordered the 12-day suspension to commence on April 30, 2010.

The applicants applied for a licence to represent a manufacturer under the Liquor Licence Act.

The Registrar issued a Notice of Proposal to refuse the licence based on the past conduct of one of the co-applicants, which included criminal convictions, numerous traffic violations, and outstanding financial debts.

The Board found that the co-applicant's long pattern of negative past conduct and failure to address outstanding debts raised a reasonable doubt about his ability to operate the business in accordance with the law and with integrity and honesty.

The application was denied.

Following a finding that the licensee violated section 29 of Ontario Regulation 719/90 under the Liquor Licence Act by failing to clear signs of service and consumption within 45 minutes after the end of the service period, the Board considered the appropriate sanction.

The Registrar sought a 30-day suspension based on the licensee's prior disciplinary history, while the licensee argued for a 7-day suspension, noting the current infraction was less serious than past ones and citing economic hardship.

The Board rejected economic factors as irrelevant but agreed the current infraction did not raise the same public safety concerns as past violations.

Applying progressive discipline, the Board ordered a 12-day suspension.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of the Penalty Box Restaurant.

The allegations stemmed from two police searches in 2004 and 2008, during which the Licensee's brother, who managed the premises in the evenings, was found in possession of cocaine packaged for sale.

The Board found that the Licensee knew or ought to have known about the drug trafficking activities, given his knowledge of the 2004 incident and his continued employment of his brother.

The Board concluded that the Licensee violated section 6(2)(d) of the Liquor Licence Act and subsection 45(2) of Ontario Regulation 719/90, and requested written submissions on penalty.

The Alcohol and Gaming Commission of Ontario held a pre-hearing tele-conference regarding an Order of Monetary Penalty issued to the licensee, Club Kaos.

The Vice-Chair ordered both the licensee and the Registrar to provide mutual disclosure, including witness lists and evidence summaries, at least ten days prior to the scheduled hearing date.

The Registrar of the Alcohol and Gaming Commission of Ontario requested an order for disclosure of witness statements from the Licensee, 2088675 Ontario Inc., ahead of a hearing regarding a liquor licence suspension.

The Board ordered the Licensee to provide a detailed summary of the remaining witness's proposed evidence and ordered both parties to complete any further disclosure by January 18, 2010.

The Board previously found that the Licensee violated subsection 45(2) of Ontario Regulation 719/90 and ordered a 10-day suspension of its liquor licence.

The Licensee proposed acceptable suspension dates.

The Board ordered the 10-day suspension to commence on January 6, 2010.

The applicant applied for a liquor sales licence for its premises.

The City of Toronto initially objected but reached an agreement with the applicant on a set of conditions.

The Alcohol and Gaming Commission of Ontario approved the application on consent, subject to conditions including security requirements, noise control, and operating hours.