AGCO 2008

The Alcohol and Gaming Commission of Ontario held a pre-hearing tele-conference regarding a Notice of Proposal to suspend the liquor licence of Little Texas Bar & Grill.

The Board ordered the licensee to disclose its witness list, evidence summaries, and any video material of the subject area to the Registrar ten days before the scheduled hearing.

The Registrar was also ordered to complete any further disclosure ten days prior to the hearing.

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.

Following a finding of violations under the Liquor Licence Act and its regulations, the Board ordered a 14-day suspension of the respondent's liquor licence and requested the respondent propose suspension dates.

The respondent failed to submit proposed dates or respond to the Board's subsequent request.

Consequently, the Board ordered the 14-day suspension to commence on July 7, 2008.

The Registrar of the Alcohol and Gaming Commission of Ontario sought an 18-day suspension of the licensee's liquor licence following findings of failure to monitor and supervise staff.

The licensee argued for an 11 to 12-day suspension, citing a competitor's 14-day suspension for overserving a minor.

The Board noted the principal's involvement in two establishments with poor discipline records and emphasized the need for general and specific deterrence.

The Board ordered a 14-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to revoke the respondent's liquor licence due to significant retail sales tax arrears and a history of non-compliance.

The respondent failed to attend the hearing, which proceeded ex-parte.

The Board found that the respondent's failure to pay over $44,000 in tax arrears and repeated issuance of NSF cheques demonstrated financial irresponsibility and a failure to conduct business in accordance with the law.

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.

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.

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 Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of The James Joyce Irish Pub.

The Board ordered mutual disclosure of witness lists, evidence summaries, and other documents ten days prior to the scheduled hearing date.

The Alcohol and Gaming Commission of Ontario held a hearing regarding a Notice of Proposal to suspend the liquor licence of Jack's.

The Board previously found violations of the regulation prohibiting intoxicated patrons and breaches of licence conditions regarding entrances and line-ups.

In determining the sanction, the Board considered the licensee's unblemished record against the severity of the offences.

The Board 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, alleging violations of the Liquor Licence Act regulations and breaches of specific licence conditions.

The allegations included permitting drunkenness on the premises and failing to adhere to conditions restricting patron ingress/egress to the front doors and prohibiting line-ups in the adjacent alleyway.

The Board found that the evidence established breaches of the regulation regarding intoxicated patrons and clear violations of the licence conditions regarding door usage and line-ups.

The Board invited written submissions on penalty.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the respondent's liquor licence for overcrowding on its licensed patio.

The parties submitted an Agreed Statement of Facts admitting that 58 people were present on a patio licensed for 44 people, in violation of section 43 of Ontario Regulation 719/90.

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

The Board of the Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of Heaven Nightclub.

The Board ordered both the licensee and the Registrar to complete mutual disclosure of witness lists, evidence summaries, and other materials ten days prior to the scheduled hearing date.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence for allegedly permitting drunkenness and supplying alcohol to an intoxicated patron.

Inspectors and police officers observed a patron exhibiting signs of intoxication, including unsteadiness and slurred speech.

The patron denied being drunk, attributing her unsteadiness to new stiletto shoes.

The Board found that while the patron exhibited signs of intoxication, the licensee did not permit the behaviour, as the patron had just arrived, passed security, and the manager immediately removed her drink and escorted her out when directed by inspectors.

The allegations were dismissed.

The Licensee requested an amendment to a previous Board decision that suspended its liquor licence for seven days, noting that its representative had provided incorrect dates for the suspension period at the original hearing.

With the consent of the Registrar's representative, the Board issued an amending order changing the suspension dates to commence on June 27, 2008, and continue until July 4, 2008.

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

During routine inspections, the manager represented himself as a deceased shareholder, and no application for transfer of ownership had been made.

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

The Board found the licensee breached sections 16 and 45(1) of the Liquor Licence Act and ordered a 7-day suspension of the liquor licence.

The Board previously found that the licensee breached the Liquor Licence Act and ordered a 7-day suspension of its liquor licence.

The licensee proposed acceptable suspension dates.

The Board ordered the 7-day suspension to commence on May 28, 2008.

Following a finding that the licensee violated the Liquor Licence Act by permitting drunkenness and failing to maintain safe premises, the Board determined the appropriate sanction.

An intoxicated patron fell and suffered a head injury requiring hospital treatment, but staff only removed her without offering medical assistance.

Considering this was the licensee's first offence, the Board ordered a 7-day suspension of the liquor licence, rejecting the Registrar's request for a 14-18 day suspension and the licensee's request for a fine or minimal suspension.

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

The Board ordered both the licensee and the Registrar to complete mutual disclosure of witnesses and evidence 14 days prior to the scheduled hearing date.

The Registrar proposed to refuse a special occasion permit to the applicant due to an incident in 2007 where underage individuals were found consuming alcohol.

The parties reached an agreed statement of facts and a joint submission on disposition.

The Board approved the permit subject to a condition restricting minors from areas where alcohol is served, with a specific exception for a wine and cheese event.