AGCO 2009

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the respondent's liquor licence and an interim order to immediately suspend it.

At the hearing, the Board granted an adjournment on the agreement of the parties.

The Board ordered that the interim suspension remain in effect until further order.

The Registrar issued a Notice of Proposal to revoke the Licensee's ferment on premise licence on the basis that the business had ceased to operate and the licence had not been surrendered, contrary to subsection 15(4) of Ontario Regulation 58/00.

The Licensee failed to attend the hearing despite being properly served, and the hearing proceeded ex parte.

The Board accepted the evidence of an AGCO Inspector that the premises were abandoned, dirty, and unoccupied.

The Board found the Licensee violated the regulation and ordered the immediate revocation of the licence.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence for allegedly permitting drunkenness in the premises, contrary to s. 45(1) of Regulation 719/90.

During a police inspection, two patrons were found to be highly intoxicated inside the establishment.

The Board found that regardless of whether the patrons were served alcohol at the establishment or arrived already intoxicated, the Licensee permitted drunkenness by allowing them to remain on the premises.

The Board concluded that the Licensee breached the regulation and requested written submissions on penalty.

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, including witness lists and evidence summaries, ten days prior to the scheduled hearing date.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Jameson's Restaurant for allegedly permitting drunkenness, contrary to s. 45(1) of O. Reg. 719/90.

A patron, who had consumed alcohol and cold medication, assaulted a police officer and another patron inside the establishment.

The Board found the police officer's evidence credible and concluded the patron exhibited strong signs of intoxication.

As staff took no action to prevent the incidents and allowed the patron to remain on the premises, the Board found the Licensee permitted drunkenness and contravened the regulation.

The Registrar issued a Notice of Proposed Order to revoke the Registrant's gaming employee registration based on his involvement in a picket line mischief incident and his failure to disclose Highway Traffic Act convictions on his disclosure forms.

Following an Agreed Statement of Facts and Joint Submission on Disposition, the Alcohol and Gaming Commission of Ontario ordered a three-week suspension of the Registrant's gaming registration.

The Registrar of the Alcohol and Gaming Commission of Ontario issued Notices of Proposal to suspend the respondent's liquor licence due to noise disturbances and the licensee being intoxicated on the premises.

Following an Agreed Statement of Facts and a Joint Submission on Disposition, the Board found the licensee breached sections 45(1) and 46 of O. Reg. 719/90.

The Board ordered a 12-day suspension of the liquor licence and added conditions prohibiting temporary extensions and requiring industrial waste containers for garbage.

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 both the licensee and the Registrar to exchange witness lists, evidence summaries, and further disclosure at least 10 days prior to the scheduled hearing date.

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

The Board ordered mutual disclosure of witness lists, evidence summaries, and other documents pursuant to Rule 10 of the AGCO Revised Rules of Practice, to be completed ten days before the scheduled hearing.

The Registrar of the Alcohol and Gaming Commission of Ontario brought a motion to strike a Request for Hearing filed by a transfer applicant in response to a Notice of Proposal to revoke a liquor licence.

The transfer applicant had filed the request on behalf of the licensee but admitted she did not have the authority to represent the principal of the licensee.

The Board found that a transfer applicant does not have the legal authority under the Liquor Licence Act to request a hearing in respect of a Notice of Proposal to revoke a licence.

The motion was granted and the Request for Hearing was struck.

The Registrar issued a Notice of Proposal to revoke the licensee's liquor licence due to outstanding Retail Sales Tax debt.

At the hearing, the Registrar advised the Board that the licensee had remitted the outstanding debt in full and filed all returns.

The Registrar requested that the Notice of Proposal be withdrawn.

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

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

The licensee proposed acceptable dates, and the Board ordered the suspension to commence on April 20, 2009.

The Board previously found the Licensee violated the Liquor Licence Act regulations regarding patio overcrowding and permitting liquor to be removed from the premises.

The Registrar sought a 20-day suspension, while the Licensee proposed a 7-day suspension.

The Board considered the Licensee's lack of prior record and efforts to control the patio capacity as mitigating factors.

The Board ordered a 7-day suspension, issued a warning, and added conditions requiring signage on the patio regarding capacity and removing alcohol.

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

The allegations included overcrowding on the licensed patio and permitting patrons to remove liquor from the premises.

The Board found that the patio was overcrowded on two occasions, as the number of people physically present exceeded the capacity of nine, even if some were transitory.

The Board also found that the licensee permitted two patrons to remove beer from the licensed patio.

The Board concluded that the licensee violated section 43 and subsection 34(1) of the regulations and invited written submissions on penalty.

The Board previously found that the Licensee breached section 29 of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90, and ordered a 12-day suspension of its liquor licence.

The Licensee proposed acceptable suspension dates.

The Board ordered the 12-day suspension to commence on May 31, 2009, and continue until June 12, 2009.

The Alcohol and Gaming Commission of Ontario held a hearing to determine the appropriate sanction for a licensee found to have permitted drunkenness and served intoxicated patrons, contrary to the Liquor Licence Act.

The Registrar sought a 10-12 day suspension, citing the licensee's failure to fulfill responsibilities, lack of remorse, and a recent prior infraction.

The licensee requested a warning or a 1-2 day suspension, arguing the incident was isolated.

The Board ordered a 12-day suspension, emphasizing the seriousness of the offences, the licensee's abdication of responsibility by leaving inexperienced staff in charge, and the need for both specific and general deterrence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the Licensee's liquor licence for allegedly serving an intoxicated patron and permitting drunkenness on the premises.

AGCO inspectors observed a patron exhibiting clear signs of intoxication being served beer by an inexperienced bartender.

The Board found the inspectors' evidence credible and rejected the Licensee's explanations that the patron's symptoms were due to diabetes or physical obstacles.

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

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of D'Arcy McGee's Irish Pub for allegedly permitting drunkenness in the premises, contrary to subsection 45(1) of Ontario Regulation 719/90 and section 29 of the Liquor Licence Act.

An inspector observed two patrons exhibiting signs of intoxication.

The tribunal found that the male patron was intoxicated based on the inspector's credible observations of slurred speech, swaying, and glossy red eyes, and that the licensee permitted drunkenness by failing to cut him off until prompted by the inspector.

However, the tribunal found insufficient evidence to conclude that the female patron was intoxicated.

The tribunal found a violation regarding the male patron and invited written submissions on penalty.

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

The Board ordered both the Licensee and the Registrar's Representative to complete mutual disclosure, including witness lists and evidence summaries, at least 10 days prior to the scheduled hearing date.

Following a finding that the licensee breached section 43 and subsection 45(2) of Ontario Regulation 719/90, the Board previously ordered a 15-day suspension of its liquor licence.

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

The Board ordered the 15-day suspension to commence on April 1, 2009.