AGCO 2009

The Registrar issued a Notice of Proposal to revoke the liquor licence of the Airport Motor Inn for alleged violations of the Liquor Licence Act.

Following an adjournment to resolve a Retail Sales Tax issue, a receiver was appointed and the licence was temporarily transferred to a new entity.

The Registrar subsequently requested to withdraw the Notice of Proposal as it had been rendered moot.

The Board accepted the request and ordered the Notice of Proposal withdrawn.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Zucca Bar Inc. following an incident where police officers attempted to inspect the premises.

The Board found that the Licensee contravened the Liquor Licence Act and its regulations by permitting a patron to remove liquor from the premises, failing to facilitate a police inspection, and permitting drunkenness on the premises.

The allegation of obstructing an inspection was dismissed, as the brief delay caused by a patron holding the door did not amount to obstruction.

The Board invited written submissions on penalty.

The Alcohol and Gaming Commission of Ontario held a hearing regarding an order to immediately suspend the registration of the registrant as a gaming assistant.

The Board ordered the matter adjourned to no fixed date, peremptory on the registrant, and confirmed that the immediate suspension order remains in effect until the next hearing date.

The Licensee was found to have violated s. 45(1) of the Liquor Licence Act by obstructing an inspector from accessing the third floor of the premises during an inspection.

The Registrar sought an 8 to 10-day suspension, while the Licensee requested a 3-day suspension, citing a mistaken belief that unlicensed areas were not subject to inspection.

The Board emphasized the importance of lawful inspections and cooperation, and ordered an 8-day suspension of the liquor licence.

Following a finding that the licensee breached subsection 45(1) of the Liquor Licence Act, the Board previously ordered an eight-day suspension of its liquor licence and requested the licensee propose suspension dates.

The licensee proposed acceptable dates.

The Board ordered the liquor licence suspended for eight consecutive days commencing April 6, 2009.

Following 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 was ordered to provide a witness list, will-say statements, and documentary disclosure to the Registrar by February 23, 2009.

The Registrar was also ordered to complete any further disclosure by the same date.

Following a finding that the licensee breached the Liquor Licence Act by permitting drunkenness, serving intoxicated patrons, and allowing overcrowding, the Board held a hearing to determine the appropriate sanction.

The Registrar sought a 21 to 25-day suspension, while the licensee requested a minimal suspension or a fine.

The Board considered aggravating factors, including a previous 7-day suspension, and mitigating factors, such as the licensee's cooperative attitude and the extraordinary circumstances of the Ottawa Senators' play-off run.

The Board concluded that a 17-day suspension was appropriate for specific and general deterrence.

The applicant applied for a liquor licence for a sports bar.

Resident objectors opposed the application, citing concerns about insufficient parking and potential noise from the outdoor smoking area.

The Board found that the objectors did not establish that issuing the licence was contrary to the public interest, noting that the municipality had recently reviewed and approved the parking situation.

However, acknowledging the residents' valid concerns, the Board approved the licence subject to conditions requiring the licensee to advertise off-site parking availability and monitor noise from the smoking area.

The Board of the Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to revoke the respondent's liquor licence.

The Board ordered the licensee and the Registrar to complete mutual disclosure of witness lists and evidence summaries by February 26, 2009, ahead of the scheduled hearing.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of The Loft Bar and Grill.

The parties submitted an Agreed Statement of Facts admitting that police and liquor inspectors found drunken patrons, uncleared signs of service after hours, and unauthorized liquor on the premises, in breach of Ontario Regulation 719/90.

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

The Board previously found that the licensee breached subsection 45(1) and paragraph 50(c) of O. Reg. 719/90 and ordered a 15-day suspension of its liquor licence.

The licensee proposed acceptable suspension dates.

The Board ordered the 15-day suspension to commence on May 5, 2009, and continue until May 20, 2009.

The licensee requested an amendment to the dates of a 15-day liquor licence suspension previously ordered by the Board.

With the consent of the Registrar's representative, the Board granted the request and amended the suspension to commence on May 7, 2009, instead of May 5, 2009.

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

The parties submitted an Agreed Statement of Facts admitting that the respondent permitted unlawful gambling during a private party, failed to illuminate fire exit lights, and permitted intoxicated patrons on the premises.

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

Taking into account the respondent's prior suspension history and mitigating factors, the Board ordered a 15-day suspension of the liquor licence.

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

The Board ordered the licensee and the Registrar to complete mutual disclosure, including witness lists and 'will say' statements, ten days prior to the scheduled hearing date.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence for alleged violations of the Liquor Licence Act regulations, specifically overcrowding, permitting drunkenness, and permitting the consumption of a controlled substance.

Following a hearing, the Board found that the Licensee violated section 43 by exceeding the permitted capacity, relying on police exit counts.

The Board also found a violation of subsection 45(2) based on credible police testimony that a patron was openly smoking marijuana on the patio and the Licensee failed to take adequate preventative measures.

The allegation of permitting drunkenness under subsection 45(1) was dismissed due to insufficient identification and investigation of the allegedly intoxicated patrons.

A pre-hearing teleconference was held regarding a Notice of Proposal to suspend the respondent's liquor licence.

The Board issued a procedural order directing both the licensee and the Registrar to complete mutual disclosure, including witness lists and evidence summaries, at least 10 days prior to the scheduled hearing date.

A pre-hearing teleconference was held regarding a Notice of Proposal to suspend the liquor licence of Seawall Lounge Inc. The Board ordered the licensee to disclose its witness list and evidence summaries to the Registrar ten days before the hearing, and ordered the Registrar to complete any further disclosure by the same deadline.

Following a finding that the licensee breached the Liquor Licence Act and its regulations, the Board previously ordered an 8-day suspension of the liquor licence and requested the licensee propose suspension dates.

The licensee proposed acceptable dates.

The Board ordered the suspension to commence on May 28, 2009, and continue until June 5, 2009.

Following a finding that the licensee contravened section 29 of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90 by permitting drunkenness and serving an intoxicated patron, the Board held a hearing on sanction.

The Registrar sought a 10-12 day suspension, while the licensee argued for a warning or a maximum 4-day suspension.

The Board considered the licensee's recent prior infraction and lack of remedial measures as aggravating factors, but noted the quick removal of the patron as a mitigating factor.

The Board ordered an 8-day suspension of the liquor licence.

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

An AGCO inspector and a police officer observed a patron exhibiting clear signs of intoxication enter the establishment, purchase a beer, and consume it before being removed by the owner and arrested outside.

The Board found that the patron was intoxicated, that the bartender supplied him with a beer, and that the Licensee failed to prevent or deter drunkenness on the premises.

The Board concluded that the Licensee violated section 29 of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90.