Kirsti Hunt

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the respondent's liquor licence for allegedly failing to clear evidence of liquor by 2:45 a.m., contrary to section 29 of O.Reg. 719/90.

During an inspection at 2:56 a.m., an inspector observed an individual drinking from a beer bottle at the bar.

The Board rejected the licensee's arguments that there was insufficient proof of consumption or that the liquid was liquor.

The Board found that the licensee violated the regulation and requested written submissions on penalty.

The Board previously found that the Licensee, Sharks Club & Grill Inc., violated several provisions of Ontario Regulation 719/90 under the Liquor Licence Act and ordered a six-day suspension of its liquor licence.

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

The Board ordered the six-day suspension to commence on January 4, 2010, and continue until January 10, 2010.

The Licensee requested an adjournment of a liquor licence suspension hearing to await the outcome of freedom of information requests, including a request for a report on the AGCO's conduct, which the Licensee argued was necessary for a jurisdictional motion.

The Registrar consented to the adjournment.

The Board granted the adjournment sine die, imposing conditions on the Licensee to provide weekly status updates on the information requests and setting a deadline for the submission of the jurisdictional motion.

The Board previously found the Licensee, Arena Entertainment Inc. operating as CIRCA, in violation of the Liquor Licence Act and ordered a 7-day suspension of its liquor licence.

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

The Board ordered the 7-day suspension to commence on November 24, 2009.

A pre-hearing teleconference was held regarding an appeal by 1389715 Ontario Inc. (operating as Elixir Lounge & Night Club) against an Order of Monetary Penalty of $2,750.

The Vice-Chair issued a procedural order directing the Licensee and the Registrar's Representative to exchange witness lists, evidence summaries, and expert reports at least ten days prior to the scheduled hearing date.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding an appeal by Coco's Place Restaurant & Bar Ltd. against an Order of Monetary Penalty.

The licensee's representative did not participate in the pre-hearing.

The Vice-Chair ordered both the licensee and the Registrar to provide mutual disclosure, including witness lists and detailed summaries of witness evidence, at least 10 days prior to the scheduled hearing date.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of 1763486 Ontario Ltd. operating as Quan Ngon.

The licensee's representative did not participate.

The Board ordered both the licensee and the Registrar to provide mutual disclosure, including witness lists and evidence summaries, ten days prior to the scheduled hearing.

Following a finding that the licensee violated subsection 45(2) of Ontario Regulation 719/90 by permitting illegal drug activity on the licensed premises, the Board held a hearing to determine the appropriate sanction.

The Registrar sought revocation or a further suspension of 14-21 days, arguing the licensee failed to prevent a known drug dealer from operating on the premises.

The licensee argued the 24-day immediate suspension already served was sufficient.

The Board found that while revocation was not warranted, the licensee's failure to implement effective procedures to deter drug activity required a specific deterrent.

The Board ordered an additional 10-day suspension and maintained the previously imposed conditions on the licence.

A pre-hearing teleconference was held regarding a Notice of Proposal to suspend the liquor licence of 1577311 Ontario Inc. operating as The Carlton Lounge.

The Board ordered both the Licensee and the Registrar's Representative to provide mutual disclosure, including witness lists and evidence summaries, ten days prior to the scheduled hearing date.

The Alcohol and Gaming Commission of Ontario held a hearing to determine the appropriate sanction for a licensee found to have violated the Liquor Licence Act and its regulations by permitting liquor in an unlicensed area, allowing patrons to become intoxicated, permitting a minor to consume alcohol, and improperly inspecting identification.

The Registrar sought a 10-day suspension, while the licensee requested a 4-day suspension, citing remedial actions taken.

The Board ordered a 7-day suspension, noting the seriousness of the breaches and a recent prior infraction, while acknowledging the licensee's efforts to improve security and compliance.

Following a finding that the licensee violated regulations under the Liquor Licence Act by permitting drunkenness and committing minor regulatory infractions, a hearing was held to determine the appropriate sanction.

The Registrar sought a 7 to 10 day suspension, while the licensee argued for 2 to 4 days, citing a generally good compliance record and the economic impact on staff.

The Board ordered a 6-day suspension, noting the seriousness of permitting drunkenness and the licensee's prior disciplinary record.

The Registrar issued a Notice of Proposal to revoke and an Order to immediately suspend the liquor licence of Hotel Boutique Lounge Inc. At the hearing, the Licensee's representative requested an adjournment to facilitate the sale of the establishment or resolve outstanding tax issues, agreeing to an immediate revocation if unsuccessful within 90 days.

The Registrar consented to the adjournment.

The Board granted the adjournment and ordered that the interim suspension remain in effect pending resolution.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Albert's Hotel, alleging violations of s. 6(2)(d) of the Liquor Licence Act and s. 45(2) of O.Reg 719/90 relating to drug trafficking on the premises.

Following a police raid that uncovered significant quantities of cocaine and other drugs in rooms adjacent to the licensed area, the Board found that the Licensee permitted the distribution of controlled substances by giving a known drug trafficker free access to the hotel as a handyman.

The Board found a violation of s. 45(2) of the Regulation but dismissed the allegation under s. 6(2)(d) of the Act, noting the Licensee's cooperation and subsequent remedial measures.

Written submissions on penalty were invited.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Sharks Club & Grill.

Following an inspection, the Licensee admitted to violations involving fruit flies in liquor bottles and adulterated liquor.

The remaining contested issue was whether the Licensee permitted drunkenness on the premises.

The Board found the testimony of the AGCO inspectors, who observed two highly intoxicated patrons, to be more reliable than the Licensee's evidence.

The Board concluded that the Licensee knew or ought to have known the patrons were intoxicated and permitted drunkenness contrary to subsection 45(1) of O.Reg 719/90.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke and an interim suspension order regarding the Licensee's liquor licence.

At the hearing, the Registrar requested an adjournment due to late police disclosure that the Licensee needed time to review.

The Licensee agreed to the adjournment and consented to keeping the interim suspension in place.

The Board granted the adjournment and ordered that the interim suspension remain in effect until the next hearing date.

The Board previously found the Licensee violated the Liquor Licence Act by failing to clear signs of service after hours on two occasions.

The Registrar sought a 12 to 14-day suspension, arguing the Licensee attempted to conceal evidence.

The Licensee sought a 3-day suspension, citing financial hardship and lack of prior occurrences.

The Board ordered an 8-day suspension, noting the seriousness of repeat violations within a short period while acknowledging the lack of evidence that patrons were still consuming alcohol when inspectors arrived.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the licensee's liquor licence, alleging a violation of subsection 45(1) of Ontario Regulation 719/90 for permitting an intoxicated patron on the premises.

Two AGCO inspectors testified they observed a patron swaying and vomiting, but neither saw vomit or confirmed intoxication by speaking to the patron.

The licensee's staff testified they investigated the patron, found no signs of vomit or intoxication, and removed him when he became argumentative.

The Board found the inspectors' evidence inconsistent and insufficient to establish intoxication, and dismissed the allegation.

The Alcohol and Gaming Commission of Ontario ordered an 8-day suspension of the liquor license for Gilles Bourbonnais Investments Limited (operating as Karina's Club) following a finding that the licensee contravened subsection 45(1) of O. Reg. 719/90.

The licensee proposed acceptable dates, and the Commission ordered the suspension to take effect from July 5, 2009, to July 13, 2009.

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

Following an inspection by AGCO inspectors and police, the establishment was alleged to have permitted drunkenness, allowed a minor to enter and consume liquor, and permitted liquor in an unlicensed area.

The Board found that the evidence of the inspectors and police officers was credible and established that the licensee violated the Liquor Licence Act and its regulations.

The Board invited written submissions on penalty.

The applicant, operating as Club 147, applied to remove a condition from its liquor licence that required two security personnel on duty on Thursday, Friday, and Saturday nights.

The applicant argued that a downturn in business meant Thursday nights were no longer busy enough to warrant security.

The Registrar agreed that circumstances had changed and proposed modified conditions.

The Alcohol and Gaming Commission of Ontario found that a change in circumstances had occurred and ordered the removal of the original condition, replacing it with new conditions requiring one security person on Thursday nights during the summer and two on Friday and Saturday nights with staggered start times.