AGCO 2009

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence, alleging the owner was intoxicated on the premises.

Police officers, who attended the premises to arrest the owner on unrelated criminal charges, testified he smelled of alcohol, had bloodshot eyes, and was unsteady.

The owner testified he had consumed only one beer, had worked 17 hours, and suffered from diabetes, a bad knee, and a bad shoulder.

The Board accepted the owner's medical explanations and found the police were focused on the criminal arrest rather than assessing intoxication.

The Board concluded the Registrar failed to prove intoxication on a balance of probabilities and declined to find a violation.

The Board previously found the licensee in breach of the Liquor Licence Act and ordered a 17-day suspension of its liquor licence.

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

The Board ordered the 17-day suspension to commence on June 8, 2009 and continue until June 25, 2009.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the establishment for allegedly permitting drunkenness on the premises.

AGCO inspectors observed a female patron sleeping at a booth who appeared intoxicated.

The establishment's staff testified that they had cut the patron off from alcohol service an hour prior when she began showing signs of intoxication, and allowed her to remain on the premises to wait for a safe ride home rather than sending her away alone in a taxi.

The Board accepted the staff's evidence, finding that the establishment took appropriate steps and did not permit drunkenness.

The allegation was dismissed.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence, alleging that the Licensee permitted drunkenness on the premises in violation of subsection 45(1) of O. Reg. 719/90.

AGCO inspectors observed a patron vomiting in the washroom and exhibiting signs of intoxication, such as bloodshot eyes and slurred speech.

The patron testified that he had consumed two shots of whiskey at a friend's house prior to arriving, but became violently ill shortly after arriving at the premises due to a sushi dinner.

The Board accepted the patron's testimony and found that the Registrar failed to prove on a balance of probabilities that the patron was drunk on the premises.

The allegation was dismissed.

The Registrar of the Alcohol and Gaming Commission of Ontario alleged that the licensee violated section 43 of Ontario Regulation 719/90 by exceeding the licensed capacity of its patio.

Two AGCO inspectors conducted separate counts using mechanical counters and found 70 and 67 persons on the patio, which had a licensed capacity of 59.

The licensee's staff estimated the number of patrons at 30 to 40 but had not conducted a recent count.

The Board preferred the evidence of the inspectors, finding it more reliable than the staff's estimates, and concluded that the licensee violated the regulation.

Following a finding that the licensee violated section 43 of Ontario Regulation 719/90 and a subsequent decision ordering a 10-day suspension of its liquor licence, the Board issued an order setting the dates for the suspension.

The suspension of the licence for T.J.'s Hanger Sports Grill was ordered to commence on July 13, 2009, and continue until July 23, 2009.

Following a finding that the licensee violated section 43 of Ontario Regulation 719/90 by exceeding the capacity of its patio, the tribunal held a hearing in writing to determine the appropriate sanction.

The Registrar sought a 12 to 14-day suspension, citing the licensee's lack of cooperation and the public safety risks of overcrowding.

The licensee requested a fine or a 3-day suspension, noting the layout of the premises and recent economic hardships.

The tribunal emphasized that overcrowding is a serious public safety issue 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 ordered both the Licensee and the Registrar to provide mutual disclosure, including witness lists, evidence summaries, and police notes, 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 respondent's liquor licence for alleged violations of the Liquor Licence Act regulations.

Following an inspection, inspectors observed three intoxicated patrons in or around the premises and discovered numerous cases of beer purchased off-licence.

The Board found that the licensee violated subsections 31(1)(c) and 45(1) of Ontario Regulation 719/90 by keeping unauthorized liquor for sale and permitting drunkenness.

The allegation under subsection 33(1) was dismissed.

Written submissions on penalty were invited.

The Board previously found that the Licensee breached section 43 and subsection 45(2) of Ontario Regulation 719/90 and ordered a 14-day suspension of its liquor licence.

The Licensee proposed acceptable suspension dates.

The Board ordered the 14-day suspension to commence on July 12, 2009.

The Registrar of the Alcohol and Gaming Commission of Ontario sought a suspension of the licensee's liquor licence following findings that the licensee violated the regulations regarding overcrowding and the use of a controlled substance.

The Registrar requested an 18 to 21-day suspension, while the licensee argued for two concurrent five-day suspensions.

The Board noted the seriousness of the infractions, which occurred shortly after a police warning, but recognized that these were first-time offences for these specific matters.

The Board ordered a 14-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 both the licensee and the Registrar to provide mutual disclosure.

The parties were directed to exchange witness lists, evidence summaries, and other required disclosure 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 respondent's liquor licence for alleged violations of the Liquor Licence Act regulations, including permitting after-hours consumption and possessing unauthorized liquor.

At the hearing, the parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition, admitting that patrons were consuming liquor after hours and that unauthorized liquor was found on the premises.

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

Following a finding that the Licensee breached section 29 and subsection 25(1) of Ontario Regulation 719/90, the Board ordered a 15-day suspension of its liquor licence.

The Licensee proposed acceptable suspension dates.

The Board ordered the suspension to commence on June 2, 2009, and continue until June 17, 2009.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the licensee's liquor licence for serving alcohol after 2:00 a.m. and failing to clear signs of service, contrary to O. Reg. 719/90.

The licensee admitted to the violations but contested the Registrar's proposed 30-day suspension, arguing for an 11-day suspension based on cooperation and the fact that the premises were not open to the public at the time.

The Board considered the licensee's disciplinary history and mitigating factors, ultimately ordering a 15-day suspension of the liquor licence.

The Board previously found that the Licensee violated subsections 45(1) and 18.2(1) of Ontario Regulation 719/90 and ordered a seven-day suspension of its liquor licence.

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

The Board ordered the liquor licence suspended for seven consecutive days from July 8, 2009 to July 15, 2009.

Following a finding that the Licensee breached Ontario Regulation 719/90 by permitting a drunken patron on the premises and allowing a contest involving the purchase of liquor, the Board determined the appropriate sanction.

The Registrar sought a 14-day suspension due to aggravating factors, including the patron's extreme intoxication and the need for police intervention.

The Licensee argued for a 3-day suspension, citing its lack of prior record and immediate correction of the contest issue.

The Board found the Registrar's proposal too harsh given the Licensee's remorse and cooperation, but considered the breaches serious enough to warrant more than a 3-day suspension.

A 7-day suspension of the liquor licence was ordered.

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 allegedly permitting an underage patron to consume alcohol, contrary to subsection 30(4) of the Liquor Licence Act.

During a police inspection, an 18-year-old patron was found consuming beer.

The licensee argued that the patron had presented false identification showing he was 19, which he later disposed of before being searched by police.

The Board rejected this defense as lacking credibility, finding that the patron was under continuous police observation and no such identification was found.

The Board concluded that the licensee contravened the Act and invited submissions on penalty.

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

Inspectors observed patrons consuming alcohol and signs of service well after the permitted hours on two separate occasions.

The Board found the evidence of the inspectors credible and consistent, concluding that the licensee failed to clear signs of service within 45 minutes of the end of the serving period and attempted to conceal evidence during an inspection.

The Board found the licensee in violation of the Act and regulations, and invited written submissions on penalty.

The Licensee sought clarification regarding paragraphs 80(1) and 80(6) of the Board's November 3, 2008 order approving a liquor licence with conditions.

The Registrar opposed any amendment other than correcting typographical errors.

The Board amended paragraph 80(6) to specify that adequate security must be on duty at all times, with a minimum of three people on Thursday, Friday, and Saturday between 12:00 Noon and closing time.