S. Grace Kerr

The licensee requested an amendment to a condition of its liquor licence regarding the hours of operation for its outdoor patio.

The Registrar did not oppose the amendment, but an objector did.

The Board found the amendment acceptable and amended the condition to prohibit the sale, service, and consumption of liquor on the patio after 10:00 p.m. from Sunday through Thursday, and after midnight on all other days.

Following a finding that the licensee violated section 29 of Ontario Regulation 719/90, the Board previously ordered a three-day suspension of the liquor licence and requested the licensee propose suspension dates.

The licensee proposed acceptable dates, and the Board ordered the licence suspended from February 4 to February 7, 2009.

Following a finding that the licensee breached subsection 45(1) of Ontario Regulation 719/90, the Board ordered a four-day suspension of the establishment's liquor licence.

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

The Board ordered the suspension to commence on January 19, 2009, and continue until January 23, 2009.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of Zucca Bar Inc. The Board ordered mutual disclosure of witness lists, 'will say' statements, and other required materials ten days prior to the scheduled hearing.

The Board of the Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to revoke the liquor licence of Dale Roy Marshall operating as The Webbly.

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.

At a pre-hearing teleconference regarding a Notice of Proposal to suspend a liquor licence, the Board of the Alcohol and Gaming Commission of Ontario ordered mutual disclosure.

The Licensee was ordered to provide a witness list and detailed evidence summaries, and both parties were ordered to complete disclosure ten 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 authorization of Milan Wineries Inc. to operate an on-site grape winery retail store.

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.

The applicant sought to licence an additional outdoor area for 16 persons at its establishment.

Resident objectors opposed the application, citing concerns about noise, privacy, and the proximity of the patio to their homes.

The Board found that the applicant was a responsible owner who had improved the establishment and implemented reasonable plans to address neighbours' concerns, including self-imposed restricted hours and privacy lattice.

The Board concluded that the objectors failed to prove that granting the application would be contrary to the public interest, and approved the application subject to conditions regarding hours, amplified music, and signage.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence for 25 days, alleging the licensee permitted violent or disorderly conduct on the premises.

The allegation stemmed from an incident where the licensee's principal touched a municipal by-law inspector on the arm during an inspection.

The Board found that the physical contact, while unwanted, was a non-violent parting gesture between individuals who knew each other from playing baseball together.

The Board concluded the behaviour did not constitute violent or disorderly conduct under subsection 45(1) of Ontario Regulation 719/90 and declined to make a finding against the licensee.

The Registrar of the Alcohol and Gaming Commission of Ontario sought a seven-day suspension of the licensee's liquor licence after the licensee was found to have violated subsection 45(1) of Ontario Regulation 719/90 by permitting illegal gambling on the premises.

The licensee had previously received a warning for a similar violation but continued the activity.

The Board rejected the licensee's argument that the violation was due to a lack of education, noting that the licensee had been explicitly warned.

However, considering that the prize board was for a small group of customers and had no direct pay-out for the licensee, the Board ordered a four-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario sought a suspension of the licensee's liquor licence following a finding that the licensee violated section 29 of Ontario Regulation 719/90 by failing to clear signs of service after hours.

An inspector found an ice-cold, partially filled glass of beer on the premises nearly two hours after last call.

The Board concluded that the beer likely belonged to a staff member, rather than being a mere clean-up oversight.

Considering the principles of specific and general deterrence, and noting a previous warning for the same infraction, the Board ordered a three-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario alleged that the Licensee permitted unlawful gambling (sports pools) on its premises and failed to ensure a manager held a Smart Serve certificate within 60 days of commencing employment.

The Board found the Licensee violated the gambling prohibition, as the Licensee admitted to running NASCAR and Super Bowl pools for money.

However, the Board dismissed the server training allegation, interpreting section 39 of O. Reg 719/90 as applying only to new employees commencing employment on or after January 1, 2008, whereas the employee in question was an existing employee.

The Licensee requested an amendment to a previously ordered 20-day liquor licence suspension to allow it to hold a charity event on December 6, 2008.

With the consent of the Registrar, the Board ordered that the suspension be lifted for that day and that the Licensee serve the remaining day of the suspension on December 28, 2008.

At a pre-hearing teleconference regarding a Notice of Proposal to suspend a liquor licence, the Board of the Alcohol and Gaming Commission of Ontario ordered mutual disclosure.

The Licensee and the Registrar were ordered to exchange witness lists, will-say statements, and other disclosure pursuant to the AGCO Rules of Practice within four days of the conference.

The Board of the Alcohol and Gaming Commission held a hearing regarding a Notice of Proposal to suspend the liquor licence of the respondent licensee.

The Board previously found that the licensee breached section 43 of Ontario Revised Regulation 719/90 under the Liquor Licence Act and ordered a 14-day suspension.

The Board accepted the suspension dates proposed by the licensee and ordered the liquor licence suspended for 14 consecutive days.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the respondent's liquor licence for serving alcohol outside prescribed hours and failing to clear signs of service.

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

The Board found the licensee breached the regulations and ordered a six-day suspension of the liquor licence.

Following a finding that the licensee violated subsection 45(1) of Ontario Regulation 719/90 by permitting intoxicated patrons in its establishment, the Board considered written submissions on sanction.

The Registrar sought a 14-day suspension, noting a recent prior suspension for similar violations.

The licensee argued for a 10-day suspension, citing the lack of discernable signs of intoxication.

The Board ordered a 14-day suspension, emphasizing the seriousness of the offence and the need for specific and general deterrence given the licensee's recent history of non-compliance.

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 its regulations.

Following an after-hours inspection, inspectors found a partially full glass of beer and alleged that the licensee delayed opening the door and that staff were uncooperative.

The Board found that the licensee violated section 29 of the regulation by failing to clear signs of service.

However, the Board dismissed the allegations of obstructing and failing to facilitate the inspection under subsections 45(1) and 45(2) of the Act, finding the licensee's delay in opening the door was reasonable due to a genuine belief that a robbery was occurring.

Following a finding that the licensee contravened section 43 of Ontario Regulation 719/90 by permitting overcrowding on its patio, the Board determined the appropriate sanction.

The Registrar sought a 14-day suspension based on the licensee's history of non-compliance and the severity of the overcrowding.

The licensee requested a warning.

The Board ordered a 14-day suspension, emphasizing the serious public safety concerns of overcrowding, the lack of mitigating circumstances, and the licensee's prior record of similar infractions.

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.