AGCO 2008

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 and selling reduced-price liquor shots.

The parties submitted an Agreed Statement of Facts admitting the breaches of subsections 20(1) and 45(1) of O. Reg. 719/90.

The Board accepted the joint submission on disposition and ordered a 17-day suspension of the liquor licence.

The applicant applied for a special occasion permit and the removal of conditions previously imposed by the Board.

The Registrar had refused the application due to a 2006 incident involving a large fight, over-service, and underage drinking.

The parties submitted an Agreed Statement of Facts acknowledging the past breaches of the Liquor Licence Act and proposed a joint submission on disposition.

The Board approved the application for the special occasion permit subject to strict conditions regarding security, capacity, hours of service, and the admission of minors.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the respondent's liquor licence for failing to maintain a daily record of wine manufactured under its wine pub endorsement, contrary to s. 58(7) of O. Reg. 719/90.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition, admitting the breach.

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

The Board previously ordered a 20-day suspension of the liquor licence for El Mocambo Rocks Inc. after finding breaches of the Liquor Licence Act and its regulations.

The licensee proposed acceptable suspension dates.

The Board ordered the 20-day suspension to commence on November 30, 2008, and continue until December 20, 2008.

At a pre-hearing teleconference regarding an application for additional licensed areas by a liquor licensee, the City of Toronto requested party status.

The licensee consented and the Registrar took no position.

The Board granted the City party status as an intervenor and rescheduled the hearing to accommodate witness availability, setting out a disclosure schedule for all parties.

At 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, evidence summaries, and further disclosure ten days prior to the scheduled hearing date.

The Board previously found the Licensee contravened the Liquor Licence Act by failing to clear signs of service and obstructing police and liquor inspectors.

In this decision on sanction, the Registrar sought a 17 to 21-day suspension, while the Licensee proposed 7 to 10 days.

The Board noted the serious nature of the multiple contraventions and the blatant attempts to conceal them.

Finding no extenuating circumstances or remedial measures, but considering it was a first offence with no disruptive behaviour, the Board ordered a 15-day suspension and added a condition requiring the entrance door to remain unlocked while patrons are inside.

The Registrar of the Alcohol and Gaming Commission of Ontario sought a 25-day suspension of the licensee's liquor licence following findings that the licensee violated the Liquor Licence Act by permitting drunkenness and serving alcohol after hours.

The licensee argued for a 10-day suspension, noting that not all allegations were proven and that the after-hours service was admitted.

The Board weighed the aggravating factors, including the seriousness of permitting drunkenness, multiple infractions on the night in question, the licensee's lack of remorse, and a history of prior suspensions.

Considering the mitigating factors, the Board ordered a 20-day suspension of the liquor licence.

The licensee applied to the Alcohol and Gaming Commission of Ontario to remove a condition on its liquor licence that required its outdoor patio to cease service at 10:15 p.m.

The licensee argued that the early closing time placed it at a competitive disadvantage.

Area residents and the local ratepayers association objected, citing ongoing noise disturbances.

The Board denied the application, finding that a loss of customers to competitors did not constitute a 'change in circumstances' under the Liquor Licence Act sufficient to justify removing the condition.

A pre-hearing conference was held regarding a Notice of Proposal to suspend the liquor licence of Easy & The Fifth.

The Board ordered both the Licensee and the Registrar to disclose their witness lists and detailed summaries of witness evidence or statements at least 10 days before the scheduled hearing date.

The Licensee requested an amendment to a previously ordered 20-day liquor licence suspension to allow it to hold a charity event on December 6, 2008.

With the consent of the Registrar, the Board ordered that the suspension be lifted for that day and that the Licensee serve the remaining day of the suspension on December 28, 2008.

The Applicant applied for a liquor licence for a golf course clubhouse.

Local residents objected to the application, citing concerns about potential noise from departing patrons, music, and patio use late at night.

The Board found that the objectors failed to establish that issuing the licence was not in the public interest, noting the Applicant's willingness to be a good neighbour.

The Board approved the application subject to conditions restricting patio noise and requiring a contact number for resident complaints.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to refuse to remove conditions on a liquor licence issued to 1349425 Ontario Limited operating as EL BANDIDO.

The City of Toronto and Condominium Corporation MTCC 1392 requested and were granted party status on consent.

The licensee requested a deferral of the hearing to permit time for a negotiated resolution, which was granted on consent.

The applicant applied for a liquor licence to operate a restaurant and corporate event facility with a capacity of 602 patrons.

Neighbouring residents and an adjacent hotel objected to the application, expressing concerns that the establishment would operate as a nightclub and generate late-night noise.

The Alcohol and Gaming Commission of Ontario found that the objectors failed to meet the onus of proving that issuing the licence was not in the public interest, as their concerns were based on speculation rather than evidence of the applicant's actual intended operations.

The Board approved the application but imposed several conditions on the licence, including keeping doors and windows closed, prohibiting outdoor music, and restricting garbage collection times, to mitigate potential noise impacts on the community.

At a pre-hearing teleconference regarding a liquor licence application by Coyote Ugly Saloon Toronto Company, the landlord (Microsonic Group of Companies) and a local residents' association (King-Spadina Residents Association) requested party status.

With the consent of the applicant and no position taken by the Registrar, the Board granted party status to both entities and issued procedural orders regarding the disclosure of witnesses and evidence prior to the scheduled hearing.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to revoke the respondent's liquor licence.

The Board found that the licensee violated s. 6(2)(a) of the Liquor Licence Act by failing to remit retail sales tax to the Ministry of Revenue.

The licensee had an outstanding debt of $143,091.18 and made no reasonable effort to satisfy it.

The Board concluded the licensee could not reasonably be expected to be financially responsible in the conduct of its business and ordered the immediate revocation of the liquor licence.

The Alcohol and Gaming Commission of Ontario issued an order suspending the liquor licence of 1412407 Ontario Inc., operating as Cottage Restaurant & Lounge, for 14 days.

The Board previously found the licensee breached the Liquor Licence Act and its regulations.

The licensee proposed acceptable suspension dates, and the Board ordered the suspension to commence on November 10, 2008.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to suspend the respondent's liquor licence for allegedly permitting drunkenness and illegal drug use.

Undercover officers observed intoxicated patrons and the open rolling and smoking of marijuana on the premises' patio without staff intervention.

The Board found the evidence of the undercover officers credible and noted the licensee failed to produce surveillance video or staff testimony to contradict it.

The Board concluded the licensee violated the Liquor Licence Act and regulations, and invited submissions on penalty.

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

The Board ordered the licensee to disclose its witness list and a detailed summary of each witness's evidence, specifically including the statement of Matthew Duperron, ten days before the scheduled hearing.

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

The Registrar ordered the interim suspension of the Licensee's liquor licence in the interest of public safety following events on October 4, 2008.

The Board held a hearing to consider whether to lift the interim suspension.

The Board confirmed its oral order that the interim suspension remains in effect until the next hearing date, prioritizing public safety over the Licensee's financial hardships.