AGCO 2009

The applicant, operating as Karma, applied for an additional outdoor area for 20 persons under the Liquor Licence Act.

Local residents objected to the application, citing existing noise issues from the establishment and neighboring businesses.

The Registrar took no position.

The Board found that the objectors' evidence was largely general and not specific to the applicant, who had a clean record with police and by-law enforcement.

The Board approved the application subject to five noise-control conditions previously imposed by the City of Mississauga.

The Alcohol and Gaming Commission of Ontario ordered an 8-day suspension of the liquor license for Gilles Bourbonnais Investments Limited (operating as Karina's Club) following a finding that the licensee contravened subsection 45(1) of O. Reg. 719/90.

The licensee proposed acceptable dates, and the Commission ordered the suspension to take effect from July 5, 2009, to July 13, 2009.

A hearing was held regarding a Notice of Proposal to suspend the respondent's liquor licence for alleged violations of the Liquor Licence Act regulations.

At the commencement of the hearing, the applicant requested that the Notice of Proposal be withdrawn due to a lack of evidence.

The Board confirmed the acceptance of the withdrawal.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke and an interim suspension order regarding the Licensee's liquor licence.

At the hearing, the Registrar requested an adjournment due to late police disclosure that the Licensee needed time to review.

The Licensee agreed to the adjournment and consented to keeping the interim suspension in place.

The Board granted the adjournment and ordered that the interim suspension remain in effect until the next hearing date.

The Board previously found that the Licensee, operating as the Horseshoe Tavern, violated section 29 of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90 in respect of one patron.

Following a decision ordering a six-day suspension of the liquor licence, the Licensee proposed acceptable suspension dates.

The Board ordered the liquor licence suspended for six consecutive days commencing August 9, 2009.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the Licensee, alleging violations of the Liquor Licence Act and its regulations regarding permitting drunkenness and disorderly conduct on two separate dates.

Following a hearing, the Board found that the Licensee permitted disorderly conduct on August 10, 2007, when patrons engaged in a physical altercation with an inspector over confiscated property, but dismissed the allegation of permitting drunkenness on that date due to insufficient evidence.

The Board also dismissed the allegation of permitting drunkenness on January 30, 2008, finding that staff did not have adequate time to assess the patron's condition before the inspector intervened.

A resident objector, Misha Glouberman, requested party status in a hearing regarding a liquor licence application by A.C. Great Hall Management Inc. The Registrar and the Applicant consented to the request.

The Alcohol and Gaming Commission of Ontario granted the objector party status and ordered immediate disclosure of documents and witness lists by all parties.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the Great Farini Restaurant and Bar Ltd. for allegedly permitting an underage person to have or consume liquor on the premises, contrary to subsection 30(4) of the Liquor Licence Act.

An inspector found an underage patron with false identification who stated he had consumed a drink, but later clarified he had consumed it before arriving at the establishment.

The Board found a lack of evidence that the underage person was served or consumed alcohol on the licensed premises.

The allegation was dismissed, and a related regulatory charge was withdrawn on consent.

The Board of the Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of Gar's Bar & Grill.

The Board ordered both the Licensee and the Registrar to complete their disclosure, including witness lists and will-say statements, ten days prior to the scheduled hearing date.

The Registrar alleged that the licensee violated the Liquor Licence Act and regulations by failing to clear signs of service, serving a minor, permitting a minor to consume liquor, failing to check identification, and failing to facilitate an inspection.

The Board found that the licensee breached the regulation regarding clearing signs of service and the Act regarding failing to facilitate an inspection, as the manager's aggressive and intimidating behaviour forced the inspector to leave.

The allegations relating to the minor were dismissed because the minor used subterfuge to obtain alcohol without the knowledge of the staff.

The Registrar issued a Notice of Proposed Order to revoke the Registrant's gaming registration based on his conduct during a strike, which led to a criminal charge for threatening bodily harm, and his failure to disclose Highway Traffic Act convictions.

The parties reached an Agreed Statement of Facts and Joint Submission on Disposition.

The Board accepted the joint submission and ordered a two-week suspension of the Registrant's gaming registration.

The Board previously found that the Licensee, Prime Restaurants of Canada Inc. operating as D'Arcy McGee's Irish Pub, breached subsection 45(1) of Ontario Regulation 719/90 and ordered a two-day suspension of its liquor licence.

The Licensee proposed suspension dates that were acceptable to the Board.

The Board ordered the liquor licence suspended for two consecutive days commencing September 7, 2009.

The Registrar issued an interim suspension of the licensee's liquor licence in the interest of public safety based on alleged violations of the Liquor Licence Act regulations.

The licensee brought a motion to lift the interim suspension.

The Board found that due to the seriousness of the allegations and the possible impact on public safety, it was in the public interest to maintain the interim suspension until a final decision is rendered.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence for serving minors without checking identification and failing to clear signs of service after hours.

The licensee admitted to the facts, explaining that staff took advantage of the licensee's hospitalization.

The Board found the violations occurred and ordered a 14-day suspension of the liquor licence, to be served on dates agreed upon by the parties.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the liquor licence of Club T'Zers following a severe motor vehicle accident involving two patrons.

The Registrar alleged that the licensee permitted drunkenness and served liquor to intoxicated persons.

The Board found that the two patrons were highly intoxicated when they entered the establishment and that the staff knew they were intoxicated but allowed them to remain for 20 to 30 minutes before ejecting them after an altercation.

The Board concluded that the licensee permitted drunkenness contrary to subsection 45(1) of Ontario Regulation 719/90.

However, the Board dismissed the allegation under section 29 of the Liquor Licence Act, finding insufficient evidence that the patrons were actually served or supplied with liquor while on the premises.

The applicant, operating as Club 147, applied to remove a condition from its liquor licence that required two security personnel on duty on Thursday, Friday, and Saturday nights.

The applicant argued that a downturn in business meant Thursday nights were no longer busy enough to warrant security.

The Registrar agreed that circumstances had changed and proposed modified conditions.

The Alcohol and Gaming Commission of Ontario found that a change in circumstances had occurred and ordered the removal of the original condition, replacing it with new conditions requiring one security person on Thursday nights during the summer and two on Friday and Saturday nights with staggered start times.

Following a finding that the Licensee violated subsection 45(1) of O.Reg 719/90 by permitting three drunken patrons on its premises, the Board considered the appropriate sanction.

The Registrar sought a seven-day suspension, while the Licensee argued for a maximum of three days, citing its recent opening, cooperation, and extensive remedial measures.

The Board imposed a four-day suspension, balancing the seriousness of the violation with the mitigating factors, including the Licensee's prompt implementation of improved security policies and procedures.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the establishment Circa.

Following an inspection by AGCO inspectors and police, the establishment was alleged to have permitted drunkenness, allowed a minor to enter and consume liquor, and permitted liquor in an unlicensed area.

The Board found that the evidence of the inspectors and police officers was credible and established that the licensee violated the Liquor Licence Act and its regulations.

The Board invited written submissions on penalty.

The Board previously found the Licensee in violation of subsection 45(1) of Ontario Regulation 719/90 and ordered a four-day suspension of its liquor licence.

The Licensee proposed acceptable suspension dates.

The Board ordered the suspension to commence on August 11, 2009, and continue until August 15, 2009.

At a pre-hearing teleconference regarding a liquor sales licence application by Azores Cultural Community Centre (Canada), the Board of the Alcohol and Gaming Commission of Ontario considered a request for party status by an objector.

With no opposition from the parties, the Board granted party status to the objector.

The Board also ordered the applicant and the Registrar to provide mutual disclosure of witnesses and evidence at least 10 days prior to the scheduled hearing.