AGCO 2009

The Board previously found that the Licensee breached subsection 30(4) of the Liquor Licence Act and subsection 41(1) of Ontario Regulation 719/90, and ordered a seven-day suspension of its liquor licence.

The Licensee proposed acceptable suspension dates.

The Board ordered the licence suspended for seven consecutive days commencing August 7, 2010.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence for allegedly permitting drunkenness on the premises.

An intoxicated patron, who claimed his symptoms were due to a recent concussion, was allowed entry into the establishment.

The Board refused to qualify the Licensee's proposed medical expert due to a lack of independence and relevant expertise, and denied a motion for a stay of proceedings.

The Board found that the patron exhibited clear signs of intoxication and that the Licensee knew or ought to have known of his condition, thereby violating subsection 45(1) of the regulation.

The Registrar issued a Notice of Proposal to revoke the liquor licence of Zucca Bar Inc. and an Order to immediately suspend it based on alleged violations of the Liquor Licence Act.

At the commencement of the hearing, the licensee voluntarily surrendered the licence.

The Board accepted the surrender and ordered that the interim suspension remain in effect until the formal surrender is received by the Registrar.

Following a finding that the licensee violated subsection 31(1)(c) of Ontario Regulation 719/90 under the Liquor Licence Act, the Board received written submissions on sanction.

Both the Registrar and the licensee agreed that the 24 days served during the interim suspension was sufficient disciplinary action.

The Board ordered a 24-day suspension, which was comprised of the time already served during the interim suspension, and maintained the previously imposed conditions on the licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the respondent's liquor licence for allegedly failing to clear evidence of liquor by 2:45 a.m., contrary to section 29 of O.Reg. 719/90.

During an inspection at 2:56 a.m., an inspector observed an individual drinking from a beer bottle at the bar.

The Board rejected the licensee's arguments that there was insufficient proof of consumption or that the liquid was liquor.

The Board found that the licensee violated the regulation and requested written submissions on penalty.

The applicant, operating as the Terra Cotta Inn, applied to the Alcohol and Gaming Commission of Ontario for an additional outdoor area for 150 persons on its licensed patio.

Local residents objected to the application, citing excessive noise from outdoor events, particularly weddings, that disrupted their sleep.

The Board found that while noise was an objective risk, the applicant had demonstrated a willingness to mitigate the noise by installing new sound equipment, changing event contracts, and proposing conditions.

The Board approved the application, concluding that the objectors had not proven it was contrary to the public interest, subject to strict conditions regarding noise control, hours of operation, and decibel monitoring.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposed Order to suspend the registration of a gaming assistant due to past conduct and contraventions of the Gaming Control Act.

At the hearing, the Registrant admitted to the violations and agreed to a proposed sanction.

The Board ordered a two-week suspension of the registration and imposed a condition requiring the Registrant to submit an approved financial plan to repay her debts.

Following a hearing and a decision finding that the registrant contravened the Gaming Control Act, 1992 and ordering a two-week suspension of her gaming assistant registration, the Board issued an order setting the specific dates for the suspension.

The suspension was ordered to commence on January 1, 2010, and continue until January 14, 2010, based on dates proposed by the registrant.

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

Following an inspection, AGCO inspectors observed a minor consuming beer and several patrons exhibiting signs of severe intoxication.

The Board found that the licensee failed to inspect the minor's identification, permitted the minor to consume liquor, and permitted drunkenness on the premises by failing to assess patrons and take appropriate action.

The Board concluded that the licensee contravened subsection 30(4) of the Act and subsections 41(1) and 45(1) of the Regulation.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence based on alleged violations of the Liquor Licence Act and O. Reg. 719/90 following a police response to an assault at the premises.

The Board found that the licensee did not permit drunkenness, fail to post its licence, or fail to facilitate an inspection, as the owner's symptoms were likely due to a head injury and the police initially attended for an assault rather than an inspection.

However, the Board found violations for selling or serving liquor outside prescribed hours and failing to clear signs of service, based on police observations of cold beer and ice cubes in the darkened banquet room after 4:00 a.m.

The Board invited written submissions on penalty.

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

The parties submitted an Agreed Statement of Facts and Joint Submission on Disposition, admitting to violations of subsection 45(1) of Ontario Regulation 719/90.

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

The Registrar issued a Notice of Proposal to revoke the corporate licensee's liquor licence due to an outstanding Retail Sales Tax debt of over $75,000.

The Board found that the licensee had made no substantial attempts to pay down the debt since 2007, owed additional amounts for rent and GST, and had structured its bank accounts and assets in a way that prevented the Ministry of Revenue from garnishing revenues.

Concluding that the licensee could not reasonably be expected to be financially responsible in the conduct of its business, the Board ordered the immediate revocation of the liquor licence.

The Registrar issued a Notice of Proposal to suspend the liquor licence of the corporate licensee for alleged violations of the Liquor Licence Act and its regulations, specifically serving alcohol after hours.

The parties submitted an Agreed Statement of Facts and Joint Submission on Disposition, admitting to signs of service and serving Sangria at 3:00 a.m.

The Board accepted the joint submission, found the licensee breached the regulations, and ordered a 7-day suspension of the liquor licence.

Following a finding that the licensee violated subsection 45(1) of Ontario Regulation 719/90 by permitting drunkenness in respect of one patron, the Board considered the appropriate sanction.

The Registrar sought a 30-day suspension, citing the licensee's prior disciplinary history, while the licensee proposed a warning.

The Board found that a warning was insufficient given the licensee's recent history of similar violations, but a 30-day suspension was too harsh as only one of the two alleged violations was proven.

The Board ordered a 14-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 for permitting a drunken patron in the establishment.

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

The Board accepted the joint submission and ordered a 7-day suspension of the liquor licence, noting a prior 5-day suspension for the same offence.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of Raxx Billiards & Bar.

The Board ordered both the licensee and the Registrar to provide mutual disclosure, including witness lists and summaries of evidence, at least ten days prior to the scheduled hearing.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of 2128779 Ontario Limited, operating as On The Rocks Restaurant and Lounge.

The Board ordered mutual disclosure of witness lists and evidence summaries to be completed 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 Lux Entertainment Inc. operating as LUXY.

The parties submitted an Agreed Statement of Facts admitting to multiple violations, including serving underage patrons, permitting intoxicated patrons, and allowing patrons to remove liquor from the premises.

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

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 disclose witness lists, evidence summaries, and other required materials ten days prior to the scheduled hearing.

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

At the hearing, the parties presented an Agreed Statement of Facts admitting the violation of subsection 45(1) of Ontario Regulation 719/90, and a Joint Submission on Disposition.

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