S. Grace Kerr

The Board previously ordered a 20-day suspension of the liquor licence for El Mocambo Rocks Inc. after finding breaches of the Liquor Licence Act and its regulations.

The licensee proposed acceptable suspension dates.

The Board ordered the 20-day suspension to commence on November 30, 2008, and continue until December 20, 2008.

The Licensee brought a motion to lift an interim suspension of its liquor licence, which had been imposed by the Registrar due to public safety concerns following a confrontation with police.

After 77 days of suspension, the Board found that the public interest concerns could be addressed by imposing conditions on the licence.

The Board ordered the interim suspension rescinded, subject to conditions including restricted operating hours, mandatory video monitoring, and restricted access for a specific individual, pending a final decision on the proposal to revoke the licence.

The Board previously found the Licensee contravened the Liquor Licence Act by failing to clear signs of service and obstructing police and liquor inspectors.

In this decision on sanction, the Registrar sought a 17 to 21-day suspension, while the Licensee proposed 7 to 10 days.

The Board noted the serious nature of the multiple contraventions and the blatant attempts to conceal them.

Finding no extenuating circumstances or remedial measures, but considering it was a first offence with no disruptive behaviour, the Board ordered a 15-day suspension and added a condition requiring the entrance door to remain unlocked while patrons are inside.

The Registrar of the Alcohol and Gaming Commission of Ontario sought a 25-day suspension of the licensee's liquor licence following findings that the licensee violated the Liquor Licence Act by permitting drunkenness and serving alcohol after hours.

The licensee argued for a 10-day suspension, noting that not all allegations were proven and that the after-hours service was admitted.

The Board weighed the aggravating factors, including the seriousness of permitting drunkenness, multiple infractions on the night in question, the licensee's lack of remorse, and a history of prior suspensions.

Considering the mitigating factors, the Board ordered a 20-day suspension of the liquor licence.

The Registrar proposed to revoke the liquor licence of Casa Nova Bar & Dance after an undercover investigation revealed the licensee was using the establishment to arrange and complete sales of cocaine.

The Board found the licensee was directly involved in the drug transactions and that his staff member, who was also his partner in the drug sales, was in charge of the premises.

Given the serious nature of the breaches and the lack of submissions from the licensee, the Board ordered the immediate revocation of the liquor licence in the interest of public safety and regulatory integrity.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence for alleged overcrowding on its patio, contrary to section 43 of Ontario Regulation 719/90.

An AGCO inspector conducted two head counts, finding 112 and 117 patrons on a patio licensed for 79.

The licensee disputed the accuracy of the counts, arguing the inspector should have vacated the patio to count accurately, and claimed its own staff counted 35-45 patrons.

The Board accepted the inspector's evidence as credible and reasonably accurate, drawing a negative inference from the licensee's failure to produce video surveillance footage of the patio.

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

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend and add a condition to the liquor licence of a karaoke bar for alleged violations of the Liquor Licence Act and its regulations.

Liquor inspectors and police attended the premises on multiple occasions after hours and observed patrons and staff attempting to conceal pitchers and tumblers of beer, including by pouring the contents on the floor, before allowing the inspectors entry.

The Board found that the Licensee contravened subsections 45(1) and 45(2) of the Act by obstructing and failing to facilitate the inspections, and section 29 of Ontario Regulation 719/90 by failing to clear signs of service by 2:45 a.m.

The Board dismissed the allegation of serving liquor outside prescribed hours under subsection 25(1) of the Regulation due to insufficient evidence of the exact time of service.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence for allegedly permitting drunkenness on the premises, contrary to subsection 45(1) of Ontario Regulation 719/90.

Two patrons testified they were intoxicated before entering the establishment and continued to be intoxicated while inside.

Police later found one patron passed out on the sidewalk nearby.

The Board found the patrons' evidence credible and concluded that the Licensee failed to assess their intoxication upon entry or take appropriate steps to remove them.

The Board found a violation of the regulation and invited submissions on penalty.

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

The Board requested the licensee to propose suspension dates.

The licensee proposed acceptable dates, and the Board ordered the seven-day suspension to commence on October 22, 2008.

The Registrar ordered the interim suspension of the Licensee's liquor licence.

The Licensee requested an adjournment to accommodate their legal representative's availability.

The Board granted the adjournment on consent, ordered mutual disclosure of witness lists and summaries ten days prior to the next hearing date, and confirmed that the interim suspension remains in effect.

The Registrar issued a Notice of Proposal to suspend the liquor licence of PM Eglinton Inc. operating as Philthy McNasty's Restaurant.

The parties submitted an Agreed Statement of Facts admitting that a drunken patron assaulted an off-duty staff member and the ensuing fight spilled onto the street, constituting a breach of subsection 45(1) of O. Reg. 719/90.

The Board accepted the joint submission and ordered a 10-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 the respondent establishment for alleged violations of the Liquor Licence Act regulations.

The allegations included permitting an intoxicated patron on the premises and failing to clear signs of service after hours.

The Board heard evidence from police officers and a liquor inspector regarding incidents on three separate dates.

The Board found the evidence credible and concluded that the Licensee breached subsection 45(1) and section 29 of O. Reg 719/90.

Written submissions on penalty were invited.

The applicants applied for a liquor sales licence for their restaurant.

Resident objectors opposed the application, raising concerns about drinking and driving due to a lack of local taxi service, security, and alleged contraventions of the regulations regarding multiple businesses and premises used as a dwelling.

The Board found that the applicants were responsible business operators with reasonable plans to develop their food service business.

The Board also found no contravention of the regulations, as the licensed areas were physically and functionally separate from the applicants' dwelling and other businesses.

The application was approved.

The Registrar issued a Notice of Proposal to suspend the respondent's liquor licence based on alleged violations of the Liquor Licence Act and its regulations.

Undercover inspectors observed multiple patrons exhibiting signs of severe intoxication, patrons consuming alcohol in unlicensed stairwells, and staff serving alcohol after the 4:00 a.m. extended deadline.

The Board found the evidence of the inspectors credible and concluded that the respondent violated provisions regarding permitting drunkenness, serving intoxicated persons, serving outside prescribed hours, and permitting the removal of liquor from licensed premises.

Allegations of serving a minor and permitting unauthorized persons behind the bar were dismissed due to insufficient evidence.

The Registrar of the Alcohol and Gaming Commission of Ontario ordered the interim suspension of the respondent's liquor licence in the interest of public safety.

The respondent requested an adjournment of the hearing to accommodate their legal representative's availability.

The Board granted the adjournment but ordered that the interim suspension remain in effect until the final decision is rendered, citing the seriousness of the allegations and the potential impact on public safety.

Following a finding that the licensee breached the Liquor Licence Act by serving a minor and failing to inspect identification, the Board determined the appropriate sanction.

The Registrar sought a 10-day suspension, while the licensee argued for a 3-day suspension, citing the minor's deceitful behaviour.

The Board rejected the licensee's attempt to blame the patron and noted the lack of policies to prevent underage consumption.

A 7-day suspension was ordered, balancing the seriousness of the offence with the fact that it was a first offence for a small establishment.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of the respondent licensee, alleging that the licensed premises were used for trafficking cocaine.

Following an undercover police operation, officers purchased cocaine from an associate of the licensee after contacting the licensee by phone.

The Board found that the licensee arranged the drug deals and was in a partnership to traffic drugs from the premises.

The Board concluded that the licensee breached subsection 45(2) of O.Reg 719/90 and section 6(2)(d) of the Liquor Licence Act.

Written submissions on penalty were requested.

The applicant applied for a liquor sales licence for the Platinum Lounge.

During a pre-hearing teleconference, the City of Toronto requested party status.

On consent of the Registrar and the applicant, the Board granted the City of Toronto party status.

As the applicant was not ready to proceed with a hearing, the matter was adjourned sine die on consent.

At a pre-hearing conference regarding a Notice of Proposal to suspend a liquor licence, the Board ordered both the Licensee and the Registrar to disclose their lists of witnesses and detailed summaries of each witness's evidence at least 10 days before the scheduled hearing date, pursuant to the AGCO Rules of Practice.

The Registrar issued a Notice of Proposal to revoke the licensee's liquor licence for failing to file and pay retail sales tax on time, in breach of section 6 of the Liquor Licence Act.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition, noting that the licensee had paid the arrears in full prior to the hearing.

The Board found a breach of section 6, accepted the joint submission, and ordered that a condition be attached to the licence requiring timely filing and payment of retail sales tax returns for the subsequent seven months.