S. Grace Kerr

Following a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of Arena Entertainment Inc. (operating as CIRCA), the Board issued a procedural order.

Both the Licensee and the Registrar were ordered to disclose their witness lists and detailed summaries of witness evidence at least 10 days prior to the scheduled hearing date.

The applicant applied for a liquor licence for additional indoor areas.

The resident objectors initially opposed the application but reached an agreement with the applicant, resulting in Minutes of Settlement.

The Alcohol and Gaming Commission of Ontario approved the application on consent, subject to conditions including soundproofing, surveillance, and restrictions on live music hours.

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

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition, admitting that a minor was permitted in the premises after 9 p.m. and that intoxicated patrons were present, one of whom was injured in a fight.

The Board accepted the joint submission and ordered a 10-day suspension of the liquor licence.

Following a pre-hearing tele-conference regarding Notices of Proposal to suspend the liquor licence of Grace O'Malley's, the Board ordered both the Licensee and the Registrar to complete mutual disclosure of witness lists, evidence summaries, and other materials at least 10 days prior to the scheduled hearing date.

At a pre-hearing conference regarding a Notice of Proposal to suspend a liquor licence, the Board ordered the licensee to disclose its witness list and evidence summaries to the Registrar's Representative at least two days before the hearing.

The Registrar's Representative was ordered to complete any further disclosure ten days before the hearing.

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

The licensee and the Registrar were ordered to disclose their witness lists and evidence summaries 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 liquor licence of the respondent.

The Board ordered both the licensee and the Registrar to provide mutual disclosure, including witness lists, detailed summaries of evidence, and officers' notes, at least ten days prior to the scheduled hearing.

At a pre-hearing conference regarding a Notice of Proposal to suspend a liquor licence, the Board ordered the Licensee to disclose a list of witnesses and detailed summaries of their evidence to the Registrar's Representative 10 days before the hearing.

The Registrar's Representative was also ordered to complete any further disclosure 10 days before the hearing.

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.

Following a hearing, the Board ordered that the interim suspension remain in effect until the Board renders its final decision on the proposal to revoke the licence.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence after two patrons became very drunk, drove away, and were seriously injured in a motor vehicle accident.

The parties submitted an Agreed Statement of Facts admitting a breach of section 29 of the Liquor Licence Act.

The Board accepted the joint submission and ordered a 21-day suspension of the liquor licence, along with a $1,000 payment for transcripts.

The Board previously ordered a three-day suspension of the respondent's liquor licence for a violation of section 43 of Ontario Regulation 719/90.

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

The Board ordered the suspension to commence on August 2, 2008, and continue until August 5, 2008.

Following a finding of violations under the Liquor Licence Act and a subsequent order for a two-day suspension, the Board accepted the licensee's proposed dates.

The Board ordered the liquor licence of the establishment suspended for two consecutive days, commencing July 3, 2008.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the respondent's liquor licence for an overcrowding violation under section 43 of O.Reg 719/90.

Following a finding of liability, the Board considered the appropriate sanction.

The Registrar sought a 10-day suspension, while the licensee requested a warning, citing its prior good record and subsequent remedial steps.

The Board found that a warning was insufficient given the serious public safety risks of overcrowding, but a 10-day suspension was too harsh for a first offence.

The Board ordered a 3-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed a seven-day suspension of the Licensee's liquor licence for alleged violations of sections 43 and 52 of O. Reg. 719/90.

During the Little Italy Festival, liquor inspectors found the Licensee's temporary extended patio was over its permitted capacity of 11 persons.

The Licensee admitted the overcrowding but argued it was an honest mistake based on previous years' capacities of 34 persons.

The Board found a violation of section 43 for overcrowding but dismissed the section 52 allegation regarding the failure to post the licence due to insufficient evidence.

Considering the Licensee's honest mistake, immediate efforts to rectify the situation, and unblemished 10-year record, the Board ordered a two-day suspension of the liquor licence.

The Licensee brought a motion to stay or dismiss a Notice of Proposal to suspend its liquor licence, alleging that the Registrar breached natural justice through late disclosure and that the delay in investigating an impaired driving accident involving two patrons constituted an abuse of process.

The Board applied the Blencoe test and found that the delay of approximately one year before the investigation commenced was neither inordinate nor oppressive, and did not prejudice the Licensee's ability to make full answer and defence.

The Board also found that the Registrar had provided full disclosure.

The motion was dismissed.

Following a hearing into a Notice of Proposal, the Board found the Licensee breached subsection 45(1) of Ontario Regulation 719/90 and ordered an 18-day suspension of their liquor licence.

The Licensee proposed acceptable suspension dates.

The Board ordered the suspension to commence on July 7, 2008, and continue until July 25, 2008.

The Licensee was found to have breached subsection 45(1) of Ontario Regulation 719/90 by permitting drunkenness in their establishment.

The Registrar sought an 18-21 day suspension, noting a prior 14-day suspension for a similar offence.

The Licensee argued for a 16-day suspension, emphasizing the small size of the establishment and lack of disruptive behaviour.

The Board ordered an 18-day suspension, finding that the Licensee had a tendency to permit drunkenness and had not learned from the prior suspension, but acknowledging the lack of disruptive behaviour.

The Applicant sought a Special Occasion Permit for its annual charity fundraiser, which the Registrar refused based on alleged violations at the previous year's event, including permitting drunkenness, removal of liquor, and insufficient security.

Following a hearing, the Board found the evidence of the AGCO inspector regarding the severity of the violations to be uncorroborated and inconsistent with the lack of enforcement action taken at the time.

The Board approved the permit subject to conditions agreed upon by the Applicant, including a specific end time, a maximum guest-to-staff ratio, and perimeter fencing, but declined to impose the Registrar's requested conditions of mandatory paid-duty police officers and the exclusion of motorcycles from the event area.

The Registrar sought to revoke the liquor licence of the Atherley Arms Hotel following findings that the licensee breached the Liquor Licence Act and its regulations by permitting drunkenness, underage drinking, illegal drug sales, and failing to provide light meals.

The Board found that the licensee completely abdicated its responsibilities, with the principal owner rarely present and delegating management to individuals who failed to prevent serious and pervasive unlawful activities.

Concluding that a suspension would be insufficient for specific and general deterrence, the Board ordered the immediate revocation 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 establishment for allegedly serving liquor to a minor and failing to inspect identification.

An AGCO inspector observed an 18-year-old patron consuming wine and determined she had used false identification.

The patron testified she was not asked for identification by the server, while the server claimed she had checked it.

The Board found the patron's testimony credible and concluded the server failed to inspect the identification.

The Board found the Licensee breached subsection 30(4) of the Liquor Licence Act and subsection 41(1) of Ontario Regulation 719/90, and invited written submissions on penalty.