AGCO 2008

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence for serving minors and permitting intoxicated patrons on the premises.

The licensee waived its right to legal representation and entered into an Agreed Statement of Facts, admitting to breaches of the Liquor Licence Act and its regulations.

The Board accepted the joint submission and ordered a 16-day suspension of the liquor licence.

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

The parties submitted an Agreed Statement of Facts admitting that staff served liquor after hours, failed to clear signs of service, and obstructed liquor inspectors on multiple occasions.

The Board accepted the joint submission and ordered a 14-day suspension of the liquor licence.

The Board issued an amending order to correct a misstated hearing date in its October 28, 2008 order regarding the interim suspension of the liquor licence for Club 147.

The order was amended to reflect that the interim suspension remains in effect until the end of the next hearing date on November 12, 2008.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the licensee's liquor licence and an order to immediately suspend the licence in the interest of public safety.

Following a hearing, the Board considered whether to maintain the interim suspension pending a final decision.

The Board concluded that public interest and safety would not be compromised by lifting the interim suspension, provided certain conditions were met.

The Board ordered the interim suspension rescinded, subject to conditions requiring clearly identified security personnel with communication systems and a manager on the premises during evening hours.

Following a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of Arena Entertainment Inc. (operating as CIRCA), the Board issued a procedural order.

Both the Licensee and the Registrar were ordered to disclose their witness lists and detailed summaries of witness evidence at least 10 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 pub for an alleged violation of section 43 of Ontario Regulation 719/90 regarding overcrowding.

Following an inspection, AGCO inspectors found the upper floor of the premises to be over its capacity of 78 patrons, with counts of 95 and 104.

The Board accepted the inspectors' evidence over the licensee's staff, finding that the area was overcrowded and that the licensee failed to adequately monitor and control capacity.

The Board found the violation proven and invited written submissions on penalty.

The Board previously found the Licensee violated section 43 of O.Reg 719/90 under the Liquor Licence Act by permitting overcrowding on the upper level of its premises.

The Registrar sought a 14-day suspension, noting a previous 10-day suspension for the same infraction.

The Licensee requested a 5 to 7-day suspension, citing immediate remedial steps and the hiring of additional staff.

The Board emphasized the serious public safety risks of overcrowding, particularly in an older building with limited exits.

Balancing the need for specific and general deterrence with the Licensee's corrective actions, the Board ordered a 12-day suspension of the liquor licence.

The Board previously found that the Licensee breached section 43 of Ontario Regulation 719/90 and ordered a 12-day suspension of its liquor licence.

The Licensee proposed acceptable suspension dates.

The Board ordered the 12-day suspension to commence on January 2, 2009.

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

The Vice-Chair ordered both the licensee and the Registrar to provide mutual disclosure, including witness lists and summaries of evidence, at least 10 days prior to the scheduled hearing date.

The applicant licensee applied to remove two conditions from its liquor licence: a restriction on patio service hours and a requirement to use plastic stemware on the patio.

The Registrar proposed to review the application due to objections from local residents regarding noise and police concerns regarding public safety.

The Board found that the new owner had made significant improvements, including installing a high wooden barrier, increasing security, and removing outdoor speakers, which constituted a change in circumstances.

The Board approved the removal of the conditions, subject to the addition of new conditions requiring a designated employee to monitor exiting patrons, keeping the rear door closed, providing a contact number for complaints, and posting signage requesting patrons to respect neighbours.

The Board previously ordered a 5-day suspension of the respondent's liquor licence for breaching section 43 of Ontario Revised Regulation 719/90.

The respondent proposed suspension dates which were acceptable to the Board.

The Board ordered the suspension to commence on August 16, 2008.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Central Bar & Grill for allegedly exceeding its maximum capacity, contrary to section 43 of O. Reg. 719/90.

At the hearing, the Licensee admitted to the over-crowding violation.

The tribunal found that the violation occurred and, considering the Licensee's cooperation and remedial measures, ordered a 5-day suspension of the liquor licence rather than the 10-day suspension sought by the Registrar.

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 alleged violations of overcrowding and permitting marijuana use.

Following an inspection, AGCO inspectors found the premises significantly over capacity and observed a patron openly smoking marijuana.

The licensee admitted to being over capacity but disputed the extent, and denied knowledge of the marijuana use.

The Board accepted the inspectors' evidence, finding the licensee violated section 43 and subsection 45(2) of Ontario Regulation 719/90, and invited written submissions on penalty.

At a pre-hearing conference regarding a Notice of Proposal to suspend a liquor licence, the Board ordered the licensee to disclose its witness list and evidence summaries to the Registrar's Representative at least two days before the hearing.

The Registrar's Representative was ordered to complete any further disclosure ten days before the hearing.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence for permitting a drunken patron and overcrowding.

The licensee admitted to the breaches via an Agreed Statement of Facts.

The Board accepted a joint submission and ordered a 28-day suspension, to be held in abeyance pending the completion of a transfer application for the sale of the business.

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

Following a hearing, the Board ordered that the interim suspension remain in effect until the Board renders its final decision on the proposal to revoke the licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of the respondent licensee, alleging that the licensed premises were used for trafficking cocaine.

Following an undercover police operation, officers purchased cocaine from an associate of the licensee after contacting the licensee by phone.

The Board found that the licensee arranged the drug deals and was in a partnership to traffic drugs from the premises.

The Board concluded that the licensee breached subsection 45(2) of O.Reg 719/90 and section 6(2)(d) of the Liquor Licence Act.

Written submissions on penalty were requested.

The Licensee applied to remove conditions on its liquor licence, and the Registrar issued a Notice of Proposal to refuse the removal.

At the hearing, it was revealed that the current operator was only an interim operator and was in the process of transferring the licence to a permanent operator.

The Board ordered the hearing adjourned until the licence transfer is approved, except for one condition which was removed on consent as it was no longer applicable.

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

The licensee and the Registrar were ordered to disclose their witness lists and evidence summaries ten days prior to the scheduled hearing date.

The Registrar proposed to revoke the liquor licence of Casa Nova Bar & Dance after an undercover investigation revealed the licensee was using the establishment to arrange and complete sales of cocaine.

The Board found the licensee was directly involved in the drug transactions and that his staff member, who was also his partner in the drug sales, was in charge of the premises.

Given the serious nature of the breaches and the lack of submissions from the licensee, the Board ordered the immediate revocation of the liquor licence in the interest of public safety and regulatory integrity.