AGCO 2007

The Board of the Alcohol and Gaming Commission of Ontario ordered the corporate licensee to provide disclosure to the Registrar's counsel in accordance with the Rules of Practice.

The disclosure, including a witness list, summary of witnesses' evidence, and all documentation to be used by the licensee, was ordered to be provided by August 14, 2007, in relation to ongoing proceedings regarding proposals to suspend and revoke the liquor licence.

The Registrar issued a Notice of Proposal to revoke the liquor licence of Ross Bar & Grill Inc., alleging that the licensee permitted the sale and distribution of illegal drugs on the premises contrary to s. 45(2) of O. Reg. 719/90.

An undercover police officer purchased crack cocaine in the establishment in a blatant transaction that took only nine minutes, during which staff made no attempt to serve him food or alcohol.

The Board found the police evidence credible and concluded that the manager was wilfully blind and insufficiently vigilant, thereby 'permitting' the illegal activity.

The Board found the contravention occurred and invited written submissions on the appropriate penalty.

At a pre-hearing conference regarding a Notice of Proposal to suspend the liquor licence of the Phoenix Theatre, the Board of the Alcohol and Gaming Commission of Ontario issued an order setting deadlines for mutual disclosure.

The corporate licensee and the Registrar were ordered to provide witness lists, statements, and other required disclosure ten days before the scheduled hearing date.

The Registrar of the Alcohol and Gaming Commission of Ontario issued Notices of Proposal to revoke the liquor licence of 2043391 Ontario Inc., operating as Peters Bar & Grill on Adelaide.

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

The licensee admitted to violating several conditions of its licence, including playing music on the outdoor patio past permitted hours, propping doors open, permitting patrons to consume liquor in unlicensed areas, permitting drunkenness, permitting a patron to smoke marijuana, and failing to post the entire liquor licence.

The Board accepted the joint submission, suspending the liquor licence for 45 days and adding new conditions regarding Smart Serve certified staff and restricted hours for outdoor music.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Pamukkale Cafe, operated by Ali Kaya.

The allegations included permitting drunkenness, disorderly conduct, keeping illegal liquor, and past conduct affording reasonable grounds for belief that the business would not be carried on in accordance with the law.

The Board found that the licensee breached the regulations by permitting drunkenness and disorderly conduct (assaulting a patron), and by having illegal liquor on the premises.

However, the Board was not satisfied that a knife was used in the assault or that the past conduct threshold was met.

The Board invited written submissions on disposition.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of New Royal Tavern.

The Board ordered mutual disclosure of witness lists, evidence summaries, and other materials pursuant to Rule 7 of the AGCO Rules of Practice, to be completed 10 days before the scheduled hearing.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of a bar and add a condition, alleging the licensee failed to clear signs of service and consumption within 45 minutes after the permitted period.

The Board found that a violation occurred based on inspector evidence and the licensee's admission.

Given the licensee's prior history of similar violations, the Board ordered a 14-day suspension and added a temporary condition requiring liquor sales to cease at 1:00 a.m. and signs of service to be cleared by 1:45 a.m. for 60 days following the suspension.

The Board previously found that the licensee breached section 29 of Ontario Revised Regulation 719/90 under the Liquor Licence Act and ordered a 14-day suspension of the liquor licence.

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

The Board ordered the liquor licence suspended for 14 consecutive days commencing May 13, 2007.

At a pre-hearing conference regarding a proposal to suspend the liquor licence of Mink Nightclub, the Board of the Alcohol and Gaming Commission of Ontario ordered the corporate licensee and the Registrar to exchange witness lists, evidence summaries, and further disclosure 21 days prior to the scheduled hearing date.

The licensee applied to remove a condition on its liquor licence that restricted the sale and service of alcohol on its patio to 11:00 p.m.

The condition was originally imposed in 1984.

The licensee argued that circumstances had changed, as nine other licensed patios in the area now operate until 2:00 a.m. without such restrictions, and there was strong public and municipal support for the application.

The Board found that a change of circumstances had occurred and that removing the condition was in the public interest.

The application to remove the condition was granted.

The Registrar issued a Notice of Proposal to revoke the corporate licensee's liquor licence due to unpaid retail sales tax totaling $23,265.31.

At the hearing, the licensee's principal confirmed the debt but indicated a potential buyer could pay it upon transfer of the licence.

The Board ordered the immediate suspension of the licence, subject to revocation if specific conditions regarding the transfer application and a memorandum of understanding with the Ministry of Finance for the payment of the tax arrears were not met by the stipulated deadlines.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of La Molisana Café for permitting unlawful gambling on the premises.

The licensees admitted that an illegal poker game was underway in the licensed premises, violating subsection 45(1) of Ontario Regulation 719/90.

The Board accepted a joint submission on disposition, ordering a three-day suspension of the liquor licence and adding a condition prohibiting games of chance or mixed skill and chance, including card games, on the premises.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence and revoke the caterer's endorsement of Centre Island Food Services Ltd. The parties proceeded by way of an Agreed Statement of Facts and Joint Submission on Disposition.

The licensee admitted to multiple infractions under the Liquor Licence Act and its regulations, including serving unlimited liquor, permitting minors to consume liquor, permitting marijuana use, and allowing drunken patrons in licensed areas.

The Board accepted the joint submission, ordering a 21-day suspension of the licence and attaching several conditions to the licence regarding capacity, notice, and age restrictions for catered events.

The Applicant applied for a Special Occasion Permit for an event.

The Registrar sought to refuse the permit based on the Applicant's history of past unlawful activities, but failed to issue a formal Notice of Proposal.

The Board found it had jurisdiction to proceed because the Applicant had effective notice of the case to meet.

The parties reached an agreement, and the Board ordered the permit issued subject to several security and liquor service conditions.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of the corporate licensee on the basis that it had ceased operating its business.

The principal of the licensee confirmed the business had ceased operations eight months prior, but had delayed surrendering the licence due to ongoing lease negotiations with the landlord.

The Board found that the business had ceased operations and ordered the immediate revocation of the liquor licence pursuant to section 56 of Ontario Regulation 719/90.

The Registrar issued a Notice of Proposal to revoke the patio portion of the licensee's liquor licence.

Prior to the scheduled hearing, the licensee requested an adjournment pending resolution of an issue with the City of Hamilton.

The Board granted the adjournment sine die on consent, on the condition that the licensee immediately cease all liquor sales and service on the patio until the matter is resolved.

The Registrar of the Alcohol and Gaming Commission of Ontario requested an order for disclosure against the licensee, Toronto Cruises Management Inc., ahead of a scheduled hearing to suspend its liquor licence.

The Vice-Chair ordered the licensee to disclose its witness list, witness summaries, and other required disclosure ten days before the hearing date, pursuant to the AGCO Rules of Practice.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Toronto Cruises Management Inc. for permitting disorderly conduct, specifically patrons fighting on the licensed vessel.

The matter proceeded by way of an Agreed Statement of Facts and Joint Submission on Disposition.

The Board accepted the joint submission and ordered a 3-day suspension of the liquor licence.

The Board of the Alcohol and Gaming Commission of Ontario previously found that the licensee breached a condition of its liquor licence by permitting a prohibited person on the premises, and ordered a 30-day suspension.

The licensee proposed acceptable suspension dates.

The Board ordered the 30-day suspension to commence on May 9, 2007.

The Registrar issued a Notice of Proposal to revoke the licensee's liquor licence, alleging breaches of O. Reg. 719/90 regarding the posting of a suspension placard.

During a 60-day suspension, an inspector found the placard posted but altered to obscure the word 'narcotics' as the reason for suspension.

The Board found that the licensee breached s. 55(1) because the sign 'provided by the Board' was not posted in its original form.

However, the Board declined to find a breach of s. 55(2), as the sign remained visible from the exterior despite the alteration.

Written submissions on disposition were requested.