AGCO 2009

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of the respondent and an Order to immediately suspend the licence.

The respondent requested an adjournment, which the Registrar consented to on the condition that the interim suspension remain in effect.

The Board ordered the interim suspension to remain in place until the matter is heard by a panel.

The Board of the Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the authorization of an on-site grape winery retail store.

The Board ordered the licensee to disclose its witness list and a summary of each witness's evidence, and ordered the Registrar to complete any further disclosure by a specified deadline.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of the respondent establishment for allegedly serving beer to a minor.

The parties agreed on certain facts, including that a person under 19 was served beer and that the licensee's representative had requested identification.

The Vice-Chair 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.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of Pizza Mom Pizza Inc. The Board ordered the licensee to disclose its witness list and evidence summaries ten days before the hearing.

The Board also ordered the Registrar to complete further disclosure and provide particulars regarding the alleged contravention of subsection 45(1) of the Liquor Licence Act.

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

During a routine inspection, AGCO inspectors observed a patron exhibiting signs of intoxication.

The Board found that while the patron was intoxicated, there was insufficient evidence that the Licensee permitted the drunkenness.

The Licensee had attempted to control the patron's disruptive behaviour while engaged in conversation with the inspectors, and the inspectors left before observing whether the Licensee took steps to remove the patron.

The allegation was dismissed.

The Board previously found the licensee, 1707417 Ontario Inc. operating as PHO SO 6, in violation of the Liquor Licence Act and its regulations, and ordered a 25-day suspension of its liquor licence.

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

The Board ordered the 25-day suspension to commence on February 16, 2009, and continue until March 13, 2009.

Following a finding of violations under the Liquor Licence Act and a subsequent decision ordering a seven-day suspension of the licensee's liquor licence, the Board issued an order setting the specific dates for the suspension.

The suspension of the licence for Casual Restaurant Systems Inc., operating as Philthy McNasty's, was ordered to commence on April 14, 2009, and continue until April 21, 2009.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence following a police inspection where staff were uncooperative and failed to control a disorderly patron.

The Board found that the licensee violated the Liquor Licence Act by hindering the inspection and violated the regulations by failing to have a manager present and permitting disorderly conduct.

However, the Board declined to find a violation regarding the overall control of the premises, as there was no evidence the premises were out of control or that the licensee lacked plans for maintaining control.

Written submissions on penalty were requested.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent for allegedly permitting a minor to consume liquor on the premises, contrary to section 30(4) of the Liquor Licence Act.

At the hearing, the parties presented an Agreed Statement of Facts and a Joint Submission on Disposition.

The Board accepted the joint submission, finding that the licensee breached the Act, and ordered a five-day suspension of the liquor licence.

The Board previously found that the licensee breached sections of Ontario Regulation 719/90 under the Liquor Licence Act and ordered a 14-day suspension of its liquor licence.

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

The Board ordered the 14-day suspension to commence on May 10, 2009, and continue until May 24, 2009.

Following findings that the licensee violated the Liquor Licence Act and regulations by failing to clear signs of service by 2:45 a.m., a hearing was held to determine the appropriate sanction.

The licensee argued there was no intent to breach the law and cited ignorance of the regulation.

The Board rejected this argument, noting licensees are presumed to know the law.

To serve as a general and specific deterrent, the Board ordered a 14-day suspension of the liquor licence.

Following a finding that the licensee violated the Liquor Licence Act and a subsequent order for a 14-day suspension, the Board accepted the licensee's proposed suspension dates.

The Board ordered the liquor licence suspended for 14 consecutive days commencing March 15, 2009.

The Board previously found the Licensee violated the Liquor Licence Act by over-serving a patron who was subsequently involved in a motor vehicle accident, and violated regulations regarding public safety.

The Registrar sought a 21-day suspension, while the Licensee proposed a maximum of four days.

Weighing the serious nature of the violations against the fact that this was a first violation for a reasonably diligent and remorseful licence-holder, 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 Proposed Order to revoke the gaming registration of the Registrant.

The Registrant had committed mischief by kicking a vehicle during a strike at Woodbine Racetrack and had failed to disclose Highway Traffic Act convictions on his disclosure forms.

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

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

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposed Order to revoke the respondent's registration as a gaming assistant under section 12 of the Gaming Control Act, 1992.

At the hearing, the respondent appeared on his own behalf and withdrew his request for a hearing.

The Board granted the Registrar's request and ordered the respondent's registration revoked.

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

The Board ordered the licensee and the Registrar to exchange witness lists, evidence summaries, and toxicologist reports prior to the hearing.

The Board also scheduled three additional hearing days.

The licensee requested an amendment to a previous Board order regarding disclosure to more accurately reflect the oral order made at the pre-hearing conference.

The Board granted the request and amended the order to specify the mutual disclosure obligations of both the licensee and the Registrar, including the exchange of witness lists, evidence summaries, and toxicologist reports ten days before the hearing.

The Board also scheduled three additional hearing days.

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 Magnum's Pub.

The Board ordered the licensee to disclose its witness list and detailed summaries of witness evidence to the Registrar's representative 10 days before the hearing.

The Board also ordered the Registrar's representative to complete any further disclosure 10 days before the hearing.

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, including serving intoxicated patrons.

The parties submitted an Agreed Statement of Facts acknowledging that the licensee served alcohol to patrons who were subsequently involved in a fatal motor vehicle accident, and on a separate occasion, served intoxicated patrons.

The Board accepted the joint submission and ordered a 35-day suspension of the liquor licence.

Following a finding that the licensee violated section 43 of Ontario Regulation 719/90 by permitting overcrowding on two separate dates, the Board held a hearing to determine the appropriate sanction.

The Registrar sought a 10-day suspension, noting the licensee's prior suspensions for overcrowding and failing to clear signs of service.

The licensee requested a warning, citing mitigating circumstances including the film festival and subsequent changes to its booking practices.

The Board imposed a 10-day suspension, emphasizing the serious safety risks of overcrowding and the need for specific and general deterrence.