AGCO 2009

The Registrar of the Alcohol and Gaming Commission of Ontario sought a sanction against the licensee for violations of the regulations under the Liquor Licence Act, specifically permitting drunkenness and possessing off-licence alcohol.

The Board had previously found the violations occurred.

The Registrar sought an 18-day suspension, noting a recent 10-day suspension for a similar offence, while the licensee requested a 7-day suspension.

The Board agreed with the Registrar, finding no mitigating circumstances, and ordered an 18-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued Notices of Proposal to revoke the licensee's liquor licence for alleged violations including overcrowding, permitting a drunken patron, and open marijuana use.

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

The Board accepted the joint submission, finding the licensee breached the regulations, and ordered a 30-day suspension of the liquor licence along with the addition of several conditions regarding security and video surveillance.

The licensee requested an amendment to a condition of its liquor licence regarding the hours of operation for its outdoor patio.

The Registrar did not oppose the amendment, but an objector did.

The Board found the amendment acceptable and amended the condition to prohibit the sale, service, and consumption of liquor on the patio after 10:00 p.m. from Sunday through Thursday, and after midnight on all other days.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Remedy Nightclub and suspended it on an interim basis.

Following a multi-day hearing, the Board found that the Licensee committed severe violations of the Liquor Licence Act and its regulations.

Specifically, the Licensee permitted extreme overcrowding, with over 1,400 patrons in a venue licensed for 592, creating a severe public safety hazard.

The Board also found that the Licensee permitted underage drinking and allowed drunkenness and disorderly conduct on the premises.

The interim suspension was continued pending a final decision on penalty.

The Registrar sought to revoke the liquor licence of Remedy Nightclub following findings that the licensee permitted overcrowding, drunkenness, and minors to consume alcohol.

The licensee admitted to overcrowding but disputed the extent, and proposed a plan to prevent future occurrences.

The Board declined to revoke the licence, instead ordering a 92-day suspension and imposing strict conditions, including a ban on patrons under 19 and mandatory mechanical capacity counting.

Following a finding that the licensee contravened the Liquor Licence Act regulations, the Board ordered a 12-day suspension of the liquor licence.

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

The Board ordered the suspension to commence on February 28, 2009.

The Registrar sought a suspension of the licensee's liquor licence following findings that the licensee permitted intoxicated patrons and failed to clear signs of service after hours.

The Board considered the licensee's lack of prior disciplinary history for the first violation and the licensee's proposal to revoke its caterer's endorsement for the second violation.

The Board ordered a 12-day suspension of the liquor licence and revoked the caterer's endorsement.

The Board previously found that the Licensee breached subsection 45(1) of Ontario Regulation 719/90 and ordered a 10-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 10 consecutive days commencing February 7, 2009.

The Registrar sought a 10-day suspension of the licensee's liquor licence after the Board found the licensee permitted drunkenness on its premises, contrary to subsection 45(1) of Ontario Regulation 719/90.

The incident involved four highly intoxicated individuals, including the owner/manager of the establishment.

The Board rejected the licensee's request for a shorter suspension, noting the seriousness of the contravention, the lack of mitigating factors, and a prior similar contravention four months earlier.

A 10-day suspension was ordered to achieve specific and general deterrence.

Following a finding that the licensee violated section 29 of Ontario Regulation 719/90, the Board previously ordered a three-day suspension of the liquor licence and requested the licensee propose suspension dates.

The licensee proposed acceptable dates, and the Board ordered the licence suspended from February 4 to February 7, 2009.

Following a finding that the licensee permitted drunkenness on its premises in violation of subsection 45(1) of Ontario Regulation 719/90, the Board held a hearing to determine the appropriate sanction.

The Registrar sought a 25 to 28-day suspension, citing the licensee's history of similar infractions and failure to implement proactive due diligence measures.

The licensee requested a more lenient sanction, pointing to recent corrective actions.

The Board found the licensee's corrective measures to be reactive and, given the seriousness of the contravention and the licensee's history of three prior similar violations, ordered a 25-day suspension of the liquor licence to achieve specific and general deterrence.

Following a finding that the licensee contravened subsection 45(1) of Ontario Regulation 719/90, the Board previously ordered a 25-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 19, 2009.

The Licensee was found to have violated the Liquor Licence Act by obstructing an inspection, falsifying a receipt, and misleading officers regarding off-licence purchases.

The Registrar sought a 25-day suspension, noting a prior 20-day suspension and the Licensee's lack of remorse or cooperation.

The Licensee requested a 14-day suspension, citing economic hardship and alleging police harassment.

The Board rejected the Licensee's unsubstantiated allegations, emphasized the seriousness of obstructing an inspection, and ordered a 25-day suspension of the liquor licence.

Following a finding that the Licensee violated the Liquor Licence Act regulations regarding patron safety and security, the Board determined the appropriate sanction.

The Registrar sought a 10-day suspension, while the Licensee argued for 5 days, citing its unblemished record and subsequent remedial actions.

The Board ordered a 7-day suspension of the liquor licence, balancing the seriousness of the breach with the Licensee's lack of prior infractions and proactive steps to improve security.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to suspend the liquor licence of the respondent establishment following multiple incidents of disorderly conduct and altercations in its parking lot.

Police officers testified that they observed numerous intoxicated patrons engaging in fights and other disruptive behaviour, and that the establishment's security staff was inadequate and failed to intervene.

The Board found the testimony of the police officers credible and concluded that the Licensee contravened subsection 45(1) and section 45.1 of Ontario Regulation 719/90 by permitting disorderly behaviour and failing to take reasonable measures to deter such conduct on adjacent property.

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

Following a hearing, the Board found that the Licensee permitted drunkenness on the premises after a patron left the bar highly intoxicated and was subsequently involved in a motor vehicle accident.

The Board also found a violation for failing to maintain illuminated fire exit signs.

However, the Board dismissed the allegation that the Licensee failed to facilitate a police inspection, finding that the confusion and irritation during the inspection did not amount to a failure to facilitate.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Mingal's Restaurant & Bar for alleged violations of the Liquor Licence Act regulations, including failing to clear signs of service by 2:45 a.m., serving liquor after 2:00 a.m., and permitting drunkenness.

Following a hearing, the Board found that the evidence of the AGCO inspectors was credible and established that all three violations occurred.

The Board 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 authorization of Milan Wineries Inc. to operate an on-site grape winery retail store.

The Board ordered the licensee to disclose its witness list and evidence summaries to the Registrar ten days before the scheduled hearing, and ordered the Registrar to complete any further disclosure within the same timeframe.

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 issued an order, subsequently amended by a corrigendum, requiring both the Licensee and the Registrar to complete disclosure of witness lists and evidence summaries 15 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 liquor licence of the Lobby Lounge and Restaurant for alleged violations of capacity limits under section 43 of O.Reg 719/90.

AGCO inspectors testified that on two separate dates, the main floor of the establishment was significantly overcrowded, exceeding its licensed capacity of 171 patrons.

The Licensee argued that the overcrowding was temporary and caused by patrons exiting a basement party through the main floor.

The Board rejected the Licensee's explanation, finding that the inspectors observed no such movement and that maintaining capacity limits is the Licensee's responsibility.

The Board found the Licensee violated section 43 of the regulation.