AGCO 2007

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Funhaus Inc. for failing to clear signs of service and consumption within 45 minutes after the permitted period.

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

The licensee admitted to the violation.

The Board accepted the joint submission and ordered a 5-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 Four S’s Restaurant and Nite Spot.

The parties proceeded by way of an Agreed Statement of Facts and Joint Submission on Disposition, admitting that the licensee failed to clear signs of service and consumption after hours and permitted a drunken person on the premises.

The Board accepted the joint submission and ordered a 7-day suspension of the liquor licence.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Smardenka Restaurants Limited for exceeding capacity and failing to have an attendant at the rear door.

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

The Board accepted the joint submission and ordered a 7-day suspension of the liquor licence.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Crown Coffee and Pizzeria.

The licensee admitted to permitting an 18-year-old to consume liquor, allowing patrons to remove liquor into an unlicensed basement, and failing to have emergency exit lights in place.

The Board accepted a 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 respondent's liquor licence for permitting drunkenness and failing to make available lists describing liquor and prices.

At the hearing, the parties presented an Agreed Statement of Facts and a Joint Submission on Disposition.

The respondent admitted to permitting two drunken patrons on the premises, in breach of s. 45(1) of O. Reg. 719/90.

The Board accepted the joint submission, withdrew the remaining allegations, and ordered a five-day suspension of the respondent's liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the corporate licensee for exceeding the capacity of the licensed premises.

The parties submitted an Agreed Statement of Facts admitting that there were approximately 135 people in an area licensed for 95 people.

The Board accepted the joint submission and ordered a 7-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of the respondent licensee for serving intoxicated patrons and failing to clear signs of service after hours.

At the hearing, the parties presented an Agreed Statement of Facts and a Joint Submission on Disposition.

The Board accepted the joint submission, ordering an 89-day suspension of the liquor licence, after which the licensee must surrender the licence for cancellation.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Café Neo Inc. following incidents during the 'Salsa on St. Clair' festival.

The licensee admitted to operating a temporary patio larger than approved, selling liquor in unlicensed areas, exceeding capacity limits, and failing to post the temporary extension licence.

The Board accepted a joint submission and ordered a 14-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 corporate licensee for permitting drunkenness and disorderly conduct, following two fights involving drunken patrons.

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

The Board accepted the joint submission and ordered a 12-day suspension of the liquor licence.

The licensee requested an amendment to condition 7 of its liquor licence, which was previously approved by the Board.

On consent of the parties, the Board amended the condition to require that proposed renovations be completed within 9 months of the issuance of the liquor licence.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Elgin Street Holdings Inc. Both the Licensee and the Registrar requested disclosure and/or a pre-hearing conference.

Given the impending hearing date of January 8, 2008, the Board ordered the parties to exchange witness lists and summaries by January 3, 2008, and directed that any motions for further disclosure be argued before the Panel on the date of the hearing.

The applicant applied for an additional licensed area for an outdoor patio at their restaurant.

Local residents objected, citing ongoing issues with unruly patrons, drug use, and the poor physical condition of the premises.

The Board found that the applicant had not taken sufficient steps to control undesirable patrons or improve the property's appearance.

Concluding that granting the patio licence would not be in the public interest having regard to the needs and wishes of the residents under s. 6(2)(h) of the Liquor Licence Act, the Board denied the application.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposed Order to revoke the registrant's gaming assistant registration.

The registrant, a casino dealer, had failed to disclose a 2007 conviction for impaired driving, breaching the terms of his registration.

Despite the registrant's plea that losing his licence would cost him his job, the Board found that his past conduct and failure to make full disclosure undermined public confidence in gaming.

The Board confirmed the Registrar's proposed order and revoked the registration.

The applicant applied for a liquor licence for its establishment.

Two resident objectors expressed concerns about potential future issues based on experiences with another licensed establishment in the neighbourhood.

Following a recess, the objectors withdrew their objections and requested no conditions on the licence.

The Board approved the application subject to the filing of all usual clearance letters and requirements.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of VC's Bar & Grill Ltd. The Board ordered the licensee to disclose its witness list and evidence summaries to the Registrar 10 days before the scheduled hearing, and ordered the Registrar to complete any further disclosure by the same deadline.

The Alcohol and Gaming Commission of Ontario held a pre-hearing conference regarding a proposal to suspend the liquor licence of Union Lounge.

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

The licensee brought a motion to adjourn the hearing, arguing that the panel was not fully bilingual and therefore could not properly conduct the hearing in French as requested under the French Language Services Act.

The licensee contended that both panel members must be fluent in French to understand the nuances of the arguments.

The Registrar opposed the motion, arguing that the panel met the requirements of the Act and the government's guidelines for French language services, as one member was fluent in French and an interpreter was provided.

The panel dismissed the motion, finding that it was capable of fully understanding the proceedings and conducting the hearing in accordance with its obligations under the French Language Services Act.

The Registrar of the Alcohol and Gaming Commission of Ontario issued notices of proposal to suspend the liquor licence of Touché Resto-Lounge for overcrowding and unauthorized alcohol tasting.

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

The panel accepted the joint submission, finding that the licensee contravened the Liquor Licence Act and regulations.

The panel ordered a 25-day suspension of the liquor licence and added a condition requiring licensed security personnel on specific nights.

Following a pre-hearing conference regarding a Notice of Proposal to suspend a liquor licence, the Board ordered the licensee and the Registrar to exchange witness lists, witness summaries, and further disclosure ten days prior to the scheduled hearing.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal alleging that the licensee permitted intoxicated persons on its premises on two separate dates, contrary to subsection 45(1) of O.Reg 719/90 under the Liquor Licence Act.

Following a hearing, the Board dismissed the allegation relating to May 19, 2007, finding the evidence of the sole inspector insufficient given the conflicting testimony of the bartender and the failure to call corroborating police officers.

However, the Board found a breach occurred on February 10, 2007, as the evidence established that the bartender refused service to several intoxicated patrons but failed to take steps to remove them from the premises.

The Board invited written submissions on penalty.