AGCO 2008

The Registrar of the Alcohol and Gaming Commission of Ontario sought to suspend the respondent's liquor licence for alleged violations of the Liquor Licence Act and its regulations.

The allegations included permitting drunkenness, permitting an unauthorized contest, and failing to facilitate an inspection when the manager on duty did not have keys to a locked office and storage room.

The Board found that the licensee permitted drunkenness on one occasion and permitted an unauthorized contest.

However, the Board dismissed the allegations of failing to facilitate an inspection, noting that the manager offered to break the locks to provide access and there was no prior history of the licensee obstructing inspections.

The Board invited written submissions on penalty.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the liquor licence of the respondent establishment for allegedly permitting drunkenness on the premises, contrary to subsection 45(1) of Ontario Regulation 719/90.

A liquor inspector testified to observing four intoxicated individuals, including the manager, exhibiting clear signs of advanced intoxication.

The Board found the inspector's evidence credible and reliable, rejecting the manager's testimony as inconsistent and unreliable.

The Board concluded that the licensee violated the regulation and invited written submissions on penalty.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence for 25 days, alleging the licensee permitted violent or disorderly conduct on the premises.

The allegation stemmed from an incident where the licensee's principal touched a municipal by-law inspector on the arm during an inspection.

The Board found that the physical contact, while unwanted, was a non-violent parting gesture between individuals who knew each other from playing baseball together.

The Board concluded the behaviour did not constitute violent or disorderly conduct under subsection 45(1) of Ontario Regulation 719/90 and declined to make a finding against the licensee.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Remedy Nightclub and an Order to immediately suspend it on an interim basis.

The allegations included permitting minors to consume alcohol, gross overcrowding, and permitting drunkenness and disorderly conduct.

Following a multi-agency task force inspection on Halloween night, officials found the nightclub operating at nearly two and a half times its permitted capacity, creating a severe public safety hazard that required police and fire officials to evacuate the premises.

The Board found that the Licensee violated the Liquor Licence Act and its regulations, and concluded that the Licensee's conduct afforded reasonable grounds for belief that the business would not be carried on in accordance with the law and with integrity and honesty.

The interim suspension was continued pending a final decision on penalty.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the respondent's liquor licence and ordered an immediate interim suspension in the interest of public safety.

Following a hearing, the Board ordered that the interim suspension remain in effect until a final decision is rendered on the matters before it.

The Licensee sought an amendment to a 10-day liquor licence suspension order to allow a specific event to proceed under a Special Occasion Permit.

With the consent of the Registrar, the Board amended the order to stay the suspension for the Pavilion only, for a specified time, subject to conditions including that the Licensee not sell or serve liquor or profit from the event.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the licensee's liquor licence, alleging a violation of subsection 45(1) of O. Reg. 719/90 for permitting drunkenness on the premises.

An AGCO inspector testified that a male patron exhibited signs of intoxication, including slurred speech, bloodshot eyes, and weaving on his stool.

The licensee's employees testified that the patron was not intoxicated, but rather had a heavy Newfoundland accent, was tired after a 12-hour shift, and was merely adjusting his position.

The Board found the employees' evidence credible and concluded that the Registrar failed to establish on a balance of probabilities that the patron was drunk.

The allegation was dismissed.

The Registrar issued a Notice of Proposal to suspend the liquor licence of the respondent for permitting drunken patrons on the premises.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition, admitting that two drunken patrons were on the premises, breaching s. 45(1) of O. Reg. 719/90.

The Board accepted the 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 licensee's liquor licence.

The parties submitted an Agreed Statement of Facts admitting that five intoxicated patrons were present in the licensed premises, constituting a breach of s. 45(1) of O. Reg. 719/90.

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

At a pre-hearing conference regarding a Notice of Proposal to suspend a liquor licence, the Board ordered both the Licensee and the Registrar to disclose their witness lists and detailed summaries of each witness's evidence at least ten days before the scheduled hearing date, pursuant to the AGCO Rules of Practice.

The Registrar of the Alcohol and Gaming Commission of Ontario sought a suspension of the licensee's liquor licence following a finding that the licensee violated section 29 of Ontario Regulation 719/90 by failing to clear signs of service after hours.

An inspector found an ice-cold, partially filled glass of beer on the premises nearly two hours after last call.

The Board concluded that the beer likely belonged to a staff member, rather than being a mere clean-up oversight.

Considering the principles of specific and general deterrence, and noting a previous warning for the same infraction, the Board ordered a three-day suspension of the liquor licence.

The Alcohol and Gaming Commission of Ontario previously found that the Licensee breached the Liquor Licence Act regulations and ordered a 10-day suspension of its liquor licence.

The Licensee proposed acceptable suspension dates.

The Board ordered the 10-day suspension to commence on December 1, 2008.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the Licensee for alleged violations of the Liquor Licence Act regulations.

An inspector observed an unauthorized patron go behind the service bar to retrieve a purse, and also observed two patrons exhibiting clear signs of intoxication who were not asked to leave.

The Board found the testimony of the inspector credible and preferred it over the conflicting testimony of the Licensee and a patron.

The Board concluded that the Licensee violated subsections 44(1) and 45(1) of O.Reg 719/90 by permitting an unauthorized person behind the bar and permitting drunkenness on the premises.

The Board issued an amending order to correct clerical errors in its previous decision dated July 23, 2008, regarding the liquor licence of 1186540 Ontario Inc. operating as Rack & Q. The amendments corrected the date of an inspector's visit and the number of infractions alleged against the licensee.

The Board of the Alcohol and Gaming Commission ordered a 17-day suspension of the liquor licence for 2051187 Ontario Inc. operating as Pur Supper Club, following a finding that the licensee breached sections 43 and 45(2) of Regulation 719/90.

The suspension was ordered to commence on September 1, 2008.

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 and its regulations.

Following an after-hours inspection, inspectors found a partially full glass of beer and alleged that the licensee delayed opening the door and that staff were uncooperative.

The Board found that the licensee violated section 29 of the regulation by failing to clear signs of service.

However, the Board dismissed the allegations of obstructing and failing to facilitate the inspection under subsections 45(1) and 45(2) of the Act, finding the licensee's delay in opening the door was reasonable due to a genuine belief that a robbery was occurring.

The applicant applied for a liquor sales licence for the Platinum Lounge.

During a pre-hearing teleconference, the City of Toronto requested party status.

On consent of the Registrar and the applicant, the Board granted the City of Toronto party status.

As the applicant was not ready to proceed with a hearing, the matter was adjourned sine die on consent.

The Registrar proposed to suspend the liquor licence of Pur Supper Club for overcrowding and allowing a patron to smoke marijuana on the patio.

The licensee admitted the facts, which constituted repeat infractions of the same nature.

The licensee argued for a 14-day suspension due to financial hardship and improved security measures, while the Registrar sought a 21-day suspension.

The Board ordered a 17-day suspension, emphasizing that financial challenges do not mitigate the serious safety risks of overcrowding and narcotics use.

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 ordered mutual disclosure.

The Licensee and the Registrar were ordered to exchange witness lists, will-say statements, and other disclosure pursuant to the AGCO Rules of Practice within four days of the conference.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the Licensee for allegedly permitting drunkenness on its premises, contrary to subsection 45(1) of Ontario Regulation 719/90.

AGCO inspectors observed two patrons exhibiting pronounced signs of intoxication, one of whom admitted to consuming Special K in addition to alcohol.

The Board found the inspectors' evidence credible and concluded that the Licensee failed to diligently monitor and regulate beverage alcohol service.

The Board found that the Licensee contravened the regulation with respect to both patrons and invited written submissions on penalty.