AGCO 2008

The Registrar of the Alcohol and Gaming Commission of Ontario sought to revoke the liquor licence of Jamrock Bar and Grill based on multiple alleged violations of the Liquor Licence Act regulations.

Following a multi-day hearing, the Board found that the Licensee violated the regulations by refilling liquor bottles, failing to clear signs of service, permitting an intoxicated patron to remain on the premises, and permitting a person to hold marijuana on the premises.

The Board dismissed allegations relating to a second allegedly intoxicated patron and an earlier incident involving marijuana found in an office.

The Board requested written submissions on penalty.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal 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.

Following a hearing, the Board found the evidence of the AGCO inspectors credible and consistent, establishing that an intoxicated patron was permitted to remain in the licensed premises without proper supervision.

The Board rejected the licensee's explanation as contradictory and unreliable, concluding that the licensee breached the regulation.

Written submissions on penalty were invited.

The Registrar of the Alcohol and Gaming Commission of Ontario ordered an interim suspension of the licensee's liquor licence in the interest of public safety.

During the hearing into the proposal to revoke the licence, the Registrar requested that the interim suspension continue until the next hearing date, while the licensee requested it be lifted.

The Board ordered that the interim suspension remain in effect in the public interest until the next hearing date.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Jamrock Bar and Grill and an interim suspension order based on allegations of illegal activity.

The Board held a hearing to review the interim suspension.

Balancing the public interest against the prejudice to the licensee from a prolonged closure, the Board found that lifting the suspension subject to strict conditions would not compromise public safety.

The interim suspension was rescinded, with conditions requiring the licensee's presence, Smart Serve certification for all staff, and mandatory security personnel.

The Registrar of the Alcohol and Gaming Commission of Ontario ordered an interim suspension of the licensee's liquor licence in the interest of public safety.

During the ongoing hearing into the proposal to revoke the licence, the Registrar requested that the interim suspension continue, while the licensee requested it be lifted.

The Board ordered that the interim suspension remain in effect until the next hearing date, finding it to be in the public interest based on the evidence heard to date.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of The James Joyce Irish Pub for alleged violations of the Liquor Licence Act regarding the service of underage patrons.

During a routine inspection, inspectors found an underage male and an underage female consuming alcohol.

The male had produced false identification which staff failed to properly inspect, as the photo did not resemble him.

The female's identification was not checked, but the evidence regarding her service was based on hearsay and contradicted by the bartender's testimony.

The Board found the Licensee violated the Act with respect to the male patron only, and invited written submissions on penalty.

The Registrar's Representative sought an amendment to a previous Board order dated June 9, 2008, to more accurately reflect the oral order made at the pre-hearing.

The Board granted the request and amended the order to require the licensee to disclose a list of witnesses and witness statements, rather than detailed summaries of each witness's evidence, ten days before the hearing date.

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

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition, admitting the breach of s. 45(1) of O. Reg. 719/90.

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

Following a decision suspending the licensee's liquor licence for 10 days, the parties disagreed on the dates for the suspension.

The licensee proposed dates in August, which the Registrar opposed because they included a holiday weekend and fell outside the school year when the infractions occurred.

The Board accepted the licensee's proposed dates, finding they complied with Board policy and that delaying the suspension until the fall would cause unnecessary delay and unfairness.

The Licensee requested an amendment to the dates of a 10-day liquor licence suspension previously ordered by the Board.

The Registrar consented to the proposed amendment.

The Board issued an amending order, changing the suspension dates to commence on July 29, 2008, and continue until August 8, 2008.

The Licensee brought a motion to lift an interim suspension of its liquor licence, which had been imposed by the Registrar due to public safety concerns following a confrontation with police.

After 77 days of suspension, the Board found that the public interest concerns could be addressed by imposing conditions on the licence.

The Board ordered the interim suspension rescinded, subject to conditions including restricted operating hours, mandatory video monitoring, and restricted access for a specific individual, pending a final decision on the proposal to revoke the licence.

The Board issued an amending order to correct an inadvertent omission in its June 30, 2008 decision regarding the liquor licence of Humphreys on Bank.

The amended order adds conditions agreed to in a joint submission, prohibiting live music, amplified sound, and amplification systems on the outdoor patio.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence, alleging that the Licensee permitted drunkenness and disorderly conduct on the premises contrary to subsection 45(1) of Ontario Regulation 719/90.

The allegations arose after an intoxicated patron assaulted a liquor inspector during an inspection.

The Board found that the patron was intoxicated and that the Licensee failed to prevent drunkenness in the establishment, as staff should have been aware of the patron's condition prior to the incident.

The Board found a violation for permitting drunkenness, but not for disorderly conduct due to the suddenness of the assault.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Humphreys on Bank due to noise from its outdoor patio disturbing the surrounding neighbourhood.

The licensee admitted to violating section 46 of Ontario Regulation 719/90.

Based on an Agreed Statement of Facts and a Joint Submission on Disposition, the Board ordered a three-day suspension of the liquor licence and added conditions prohibiting live or amplified music on the patio.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposed Order to revoke the Registrant's registration as a gaming supplier (lottery retailer).

The Registrant had failed to disclose numerous convictions under the Criminal Code and the Highway Traffic Act on his applications for registration.

The Board found that the Registrant's lengthy record of convictions and his incomplete disclosure demonstrated a lack of honesty and integrity.

The Board concluded there were reasonable grounds to believe the Registrant would not act in accordance with the law or in the public interest, and ordered the immediate revocation of his registration.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of G Spot Bistro Inc. for serving and permitting the consumption of liquor after hours.

The licensee admitted to the violations and submitted an Agreed Statement of Facts and a Joint Submission on Disposition.

The Board found the licensee breached section 29 and subsection 25(1) of Ontario Regulation 719/90 and ordered a 7-day suspension of the liquor licence.

Following a hearing where the Board found the licensee breached subsection 45(1) of Ontario Regulation 719/90, the Board ordered a six-day suspension of the liquor licence.

The licensee proposed acceptable suspension dates.

The Board ordered the suspension to commence on January 19, 2009, and continue until January 25, 2009.

The Registrar of the Alcohol and Gaming Commission of Ontario issued Notices of Proposal to suspend the liquor licence of Grace O'Malley's for alleged violations of the Liquor Licence Act regulations.

The parties submitted an Agreed Statement of Facts admitting that the licensee permitted drunk and disorderly conduct, allowed liquor consumption on an unlicensed patio, and exceeded licensed capacity.

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

Following a pre-hearing tele-conference regarding Notices of Proposal to suspend the liquor licence of Grace O'Malley's, the Board ordered both the Licensee and the Registrar to complete mutual disclosure of witness lists, evidence summaries, and other materials at least 10 days prior to the scheduled hearing date.

The Board of the Alcohol and Gaming Commission previously ordered a 15-day suspension of the licensee's liquor licence for contraventions of the Liquor Licence Act and its regulations.

The Board requested the licensee to propose suspension dates.

The licensee proposed acceptable dates, and the Board ordered the 15-day suspension to commence on October 22, 2008.