AGCO 2008

At a pre-hearing teleconference regarding a Notice of Proposal to suspend a liquor licence, the Board of the Alcohol and Gaming Commission of Ontario issued a procedural order.

The Licensee and the Registrar were ordered to complete mutual disclosure, including witness lists and evidence summaries, ten days prior to the scheduled hearing date.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent licensee for permitting drunken patrons on the premises.

Following an Agreed Statement of Facts and a Joint Submission on Disposition, the Board found the licensee breached subsection 45(1) of Ontario Regulation 719/90.

The Board ordered a 15-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 alleged violations of the Liquor Licence Act regulations.

The parties submitted an Agreed Statement of Facts admitting that drunken patrons were permitted on the premises and signs of service were not cleared by the required time.

The Board found the licensee breached sections 29 and 45(1) of Ontario Regulation 719/90.

Accepting the joint submission on disposition, the Board ordered a 7-day suspension of the liquor licence.

At a pre-hearing conference regarding a Notice of Proposal to suspend a liquor licence, the Board ordered mutual disclosure of witness lists, evidence summaries, and other documents pursuant to Rule 7 of the AGCO Rules of Practice, to be completed 21 days before the scheduled hearing.

The Registrar's Representative sought an amendment to a pre-hearing order to more accurately reflect the oral order made at the pre-hearing regarding disclosure deadlines.

The Board amended the order to require the Licensee to disclose its witness list, will-says, and other disclosure 21 days before the hearing, and for the Registrar to complete any further disclosure 21 days before the hearing.

The Registrar issued a Notice of Proposal to suspend the liquor licence of the Crown and Tiger (Lips) for alleged violations of the Liquor Licence Act.

The parties submitted an Agreed Statement of Facts admitting that the licensee served alcohol after hours and permitted an intoxicated patron on the premises.

The Board accepted the joint submission and ordered an 18-day suspension of the liquor licence.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of 444978 Ontario Inc. operating as COCOS.

The Board ordered the licensee to disclose its witness list and evidence summaries to the Registrar 10 days before the hearing, and ordered the Registrar to complete any further disclosure by the same deadline.

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 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.

Following a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of Clinton's, the Board issued a procedural order.

The order directed the Licensee to disclose any case law on the issue of trespass by an Inspector, and set a timetable for both parties to exchange witness lists, evidence summaries, and further disclosure ten days prior to the scheduled hearing.

The applicant applied for a liquor licence for a premises intended to operate as an off-track wagering business.

Local residents objected to the application, primarily citing the establishment's close proximity to a mosque and religious school, and expressing moral and social concerns regarding alcohol and gambling.

The City of Toronto initially objected but withdrew its opposition after the applicant agreed to several conditions.

The Alcohol and Gaming Commission of Ontario approved the application, finding that the objectors failed to establish that granting the licence was contrary to the public interest, as their concerns were largely speculative and the applicant demonstrated a willingness to minimize negative community impacts.

The licence was granted subject to conditions, including a prohibition on an outdoor patio.

The Registrar issued a Notice of Proposal and an interim suspension order regarding the licensee's liquor licence for alleged violations of the Liquor Licence Act.

After several days of hearing, the licensee voluntarily surrendered its licence, and the Registrar cancelled it.

The Notices of Proposal were withdrawn.

The Board cancelled the remaining hearing dates and ordered the hearing file closed.

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 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.

At a pre-hearing teleconference regarding an application for additional licensed areas by Blurr Night Club, the Board granted party status to the City of Toronto and the King-Spadina Residents Association on consent.

The Board also set disclosure deadlines for all parties ahead of the scheduled hearing.

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

The Licensee and the Registrar were ordered to exchange witness lists, witness statements, and other required disclosure 14 days prior to the scheduled hearing date.

At a pre-hearing conference regarding a Notice of Proposal to suspend the liquor licence of Black Bull Pub and Eatery Ltd., the Board ordered that the Notice of Proposal be amended to correct a statutory reference from section 45.1 of the Liquor Licence Act to section 45.1 of Ontario Regulation 719/90.

The Board also set a schedule for the mutual disclosure of witness lists, witness statements, and other materials pursuant to the AGCO Rules of Practice, to be completed 14 days prior to the scheduled hearing.

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

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

The respondent admitted to failing to clear signs of liquor and permitting disorderly conduct after a patron grabbed an inspector.

The Board accepted the joint submission and ordered a 21-day suspension of the liquor licence, in addition to the interim suspension already served.

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

The parties submitted an Agreed Statement of Facts admitting that drunken patrons were permitted on the licensed premises on two occasions, in violation of subsection 45(1) of Ontario Regulation 719/90.

The Board accepted the Joint Submission on Disposition and ordered a 19-day suspension of the liquor licence.

The applicant applied for a liquor licence to operate a nightclub.

The Registrar issued a Notice of Proposal to refuse the application based on alleged violations of the Liquor Licence Act, including permitting controlled substances on the premises and failing to provide requested information.

The tribunal found that patrons were permitted to hold or consume controlled drugs on the premises, and that the applicant's principal was evasive and failed to provide required financial information to investigators.

The tribunal concluded that the applicant was disentitled to a licence under paragraphs 6(2)(d) and (f) of the Act.

The application was denied.