AGCO 2009

Following a hearing where the Board found the licensee breached the Liquor Licence Act and ordered a 5-day suspension, the licensee proposed suspension dates.

The Board found the proposed dates acceptable and ordered the 5-day suspension to commence on January 3, 2010.

The applicants applied for a liquor licence for their establishment.

Following an objection, a hearing was scheduled.

The applicants withdrew their request for an outdoor patio and agreed to a condition restricting the use of the rear door to staff only.

The Board approved the application for the indoor area subject to the agreed-upon condition.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence, alleging that the Licensee permitted drunkenness and served an intoxicated patron on two separate dates.

The Board found that on the first date, the patron in question likely had a mental disability rather than being intoxicated, and the Licensee did not know or ought to have known of any drunkenness.

On the second date, an intoxicated female patron was denied service and entry by the Licensee, meaning the Licensee did not permit her drunkenness.

All allegations were dismissed.

The applicant applied for a liquor licence for the Toronto Motorsports Park.

Two local residents submitted written objections raising concerns about noise and vehicle control.

The objectors did not attend the hearing.

The Board noted that noise and vehicle control are outside the jurisdiction of the Alcohol and Gaming Commission of Ontario and are matters for local police and municipal by-laws.

The Board approved the application subject to statutory conditions and municipal regulations.

The Manager of the Hearings Department issued a letter correcting a clerical error in a previous decision on sanction dated September 25, 2009.

Pursuant to Rule 17.1 of the AGCO Rules of Practice, the decision was corrected to accurately state that the Licensee violated subsection 45(1) of the Regulation on two occasions.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposed Order to refuse to renew and revoke the registration of the respondent.

The Vice-Chair issued a procedural order setting the hearing dates for January 25 and 26, 2010, and establishing deadlines for both parties to complete disclosure pursuant to Rule 10 of the AGCO Revised Rules of Practice.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the Licensee's liquor licence, alleging violations of the Liquor Licence Act and its regulations relating to an allegedly underage and intoxicated female patron found in the establishment's washroom.

The Board found insufficient evidence that the patron appeared under 19 years of age or that the Licensee failed to properly inspect her identification.

Furthermore, while the patron was intoxicated, there was insufficient evidence that the Licensee knew or ought to have known of her drunkenness prior to her discovery in a private washroom stall.

The allegations were dismissed.

The Board previously found that the licensee breached sections 29, 34(1), and 45(1) of Ontario Regulation 719/90 and ordered a nine-day suspension of its liquor licence.

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

The Board ordered the liquor licence suspended for nine consecutive days from November 5, 2009, to November 14, 2009.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to revoke the liquor licence of Tropix Restaurant & Lounge following an incident involving a fight and a firearm on the premises.

The Licensee admitted to keeping off-licence liquor for sale.

The Board found that the Licensee's security staff acted reasonably and swiftly to quell the fight and that the Licensee had reasonable measures in place to deter disorderly conduct.

The allegations of permitting disorderly conduct and failing to deter disorderly conduct outside the premises were dismissed.

A finding was made against the Licensee for the off-licence liquor infraction, with penalty submissions to follow.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding an appeal by Vansram Limited of an Order of Monetary Penalty in the amount of $2,100.

The Board ordered both the licensee and the Registrar to complete mutual disclosure of witnesses and evidence summaries at least 10 days prior to the scheduled hearing date.

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 issued a procedural order.

The order directed the licensee and the Registrar to exchange witness lists, evidence summaries, and other required disclosure ten 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 St. Louis Bar and Grill.

The Board ordered both the licensee and the Registrar to complete their pre-hearing disclosure, including witness lists and evidence summaries, at least 10 days prior to the scheduled hearing date.

The Alcohol and Gaming Commission of Ontario issued an order setting the dates for a 10-day suspension of the respondent's liquor licence.

Following a previous decision finding the respondent in breach of the Liquor Licence Act regulations, the Board had ordered a suspension and requested the respondent propose dates.

The Board accepted the proposed dates and ordered the suspension to commence on November 1, 2009.

A pre-hearing teleconference was held regarding an application by Town Talk Restaurant & Bar Inc. for an additional licensed area.

On consent of the parties, the Board granted party status to the City of Toronto and established disclosure deadlines for both the Licensee and the Registrar.

The applicant applied for an additional outdoor licensed area for 52 persons at its establishment.

The application was opposed by local residents.

At the hearing, the objectors withdrew their objections after the parties agreed to attach specific conditions to the liquor licence.

The Board approved the application subject to conditions requiring solid fencing of specific dimensions and restricting amplified sound from the outdoor area.

The Registrar issued a Notice of Proposal to revoke the liquor licence of Shoeless Joe's Stouffville under section 6 of the Liquor Licence Act.

Following a hearing, the Board issued an interim order requiring the Licensee to remit all provincial sales taxes owing to the Ministry of Revenue for September 2009 and subsequent months.

Failure to comply with the order will result in the immediate suspension of the liquor licence pending the Board's final decision.

The Board previously found that the Licensee, Sharks Club & Grill Inc., violated several provisions of Ontario Regulation 719/90 under the Liquor Licence Act and ordered a six-day suspension of its liquor licence.

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

The Board ordered the six-day suspension to commence on January 4, 2010, and continue until January 10, 2010.

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

The Vice-Chair ordered both the Licensee and the Registrar to complete mutual disclosure of witness lists and evidence summaries at least ten days prior to the scheduled hearing date.

The Board previously ordered an eight-day suspension of the licensee's liquor licence.

The licensee appealed the decision, staying the order, but later abandoned the appeal.

The licensee proposed alternate suspension dates acceptable to the Board.

As one of the original panel members' term had expired, the remaining member issued an amending order under the Statutory Powers Procedure Act, setting the new suspension dates.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Rockwood Nightclub Inc. for allegedly permitting drunkenness on its premises, contrary to subsection 45(1) of Ontario Regulation 719/90.

Following an inspection, two patrons were observed exhibiting signs of intoxication.

The Board found that the licensee did not permit drunkenness with respect to the first patron, as security staff were actively escorting her out when observed.

However, the Board found a violation with respect to the second patron, who was highly intoxicated and unassisted by staff for an extended period.

The Board concluded the licensee knew or ought to have known of the second patron's drunkenness.