AGCO 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 for allegedly permitting drunkenness on the premises, contrary to subsection 45(1) of O.Reg 719/90.

Following a hearing, the Board found that the licensee permitted drunkenness in respect of one patron who was observed by police to be highly intoxicated inside the premises.

The Board dismissed the allegation regarding a second patron, finding insufficient evidence of intoxication.

The Board invited written submissions on penalty.

The Board previously found the Licensee violated subsection 45(1) of O.Reg 719/90 by permitting an intoxicated patron on the premises.

The Registrar sought a 10 to 12-day suspension, noting the Licensee's failure to monitor the establishment and two prior suspensions for similar violations.

The Licensee requested a written warning, arguing the patron may have just entered and the bartender could not see the entire premises.

The Board ordered a 12-day suspension, emphasizing the need for progressive discipline and the Licensee's duty to proactively monitor the establishment.

Following a pre-hearing teleconference regarding a Notice of Proposal to suspend a liquor licence, the Board ordered both the Licensee and the Registrar to provide mutual disclosure, including witness lists and evidence summaries, ten days prior to the scheduled hearing.

The Licensee was found to have contravened the Liquor Licence Act regulations by failing to comply with the Fire Code and the Health Protection and Promotion Act.

The Registrar sought a 21-day suspension of the liquor licence, citing the seriousness of the health and safety violations, including rotting food and gasoline stored near dry food, as well as the Licensee's recent history of non-compliance.

The Licensee requested a 14-day suspension, arguing financial hardship.

The Board found the violations serious and noted the lack of explanation or evidence of corrective measures.

However, distinguishing prior cases, the Board determined that a 15-day suspension was appropriate to achieve specific and general deterrence.

Following a finding that the Licensee contravened regulations under the Liquor Licence Act relating to health and fire safety standards, the Board held a hearing to determine the appropriate sanction.

The Registrar sought a 21-day suspension, citing the seriousness of the Fire Code and Health Protection and Promotion Act violations, as well as the Licensee's prior compliance history.

The Licensee requested a 14-day suspension, arguing financial hardship.

The Board ordered a 15-day suspension, finding it sufficient for specific and general deterrence, and noted that financial hardship is not a mitigating factor in determining sanctions.

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 the Licensee and the Registrar to exchange witness lists, will-say statements, and other disclosure at least ten days prior to the scheduled hearing date.

Following a decision finding the licensee breached the Liquor Licence Act and ordering a 9-day suspension, the Board requested the licensee propose suspension dates.

The Board rejected the licensee's proposed dates in January 2010 as they fell outside the 90-day parameter, but accepted the alternate proposed dates of November 8 to 16, 2009.

The Board ordered the 9-day suspension to commence on November 8, 2009.

Following a finding that the licensee permitted intoxicated patrons on its premises in violation of subsection 45(1) of Ontario Regulation 719/90, the Board determined the appropriate sanction.

The Registrar sought a 14-day suspension, while the licensee proposed a monetary penalty or a three-day suspension, citing remedial measures and a generally positive past record.

The Board noted it lacked jurisdiction to order a monetary penalty.

Balancing the seriousness of the violation and a prior similar incident against the licensee's remedial efforts and long-standing record, the Board ordered a nine-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the Liongate Lounge for alleged breaches of a licence condition and violations of the Liquor Licence Act and its regulations.

The allegations included failing to notify the AGCO of criminal charges against the principal, having a deadbolted fire exit, and permitting marijuana use on the premises.

The Board found that the Licensee breached the condition and violated the regulations, noting the principal's forthrightness and prompt action regarding the marijuana use as mitigating factors.

The Board ordered a seven-day suspension of the liquor licence and added a condition requiring the Licensee to report the outcome of the criminal proceedings.

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 failing to notify the AGCO of criminal charges, having a deadbolted fire exit, and permitting marijuana use on the premises.

The Board found that the licensee breached the condition to notify the AGCO of assault charges, and violated regulations regarding the fire exit and marijuana use.

Considering mitigating factors including the licensee's forthrightness and security measures, the Board ordered a 7-day suspension of the liquor licence and added a condition requiring the licensee to report the outcome of the criminal proceedings.

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 mutual disclosure.

The licensee and the Registrar were ordered to disclose witness lists, detailed summaries of witness evidence, and other required materials ten days prior to the scheduled hearing dates.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the corporate licensee's liquor licence due to outstanding Retail Sales Tax arrears of over $285,000.

The licensee admitted to the debt and proposed a payment plan, which the Board found unrealistic given the licensee's history of operating without a Vendor's Permit and failing to make payments.

The Board concluded the licensee could not reasonably be expected to be financially responsible or carry on business in accordance with the law, and ordered the immediate revocation of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario sought a 10-day suspension of the licensee's liquor licence for violations of the Liquor Licence Act regulations, specifically permitting drunkenness and allowing liquor outside licensed areas.

The Board previously found the licensee committed four violations on two separate dates.

The licensee argued for a 5-day suspension, noting a subsequent violation had already resulted in an 8-day suspension.

The Board found that a 10-day suspension was not appropriate since not all alleged violations were proven, but a 5-day suspension would not serve specific and general deterrence given the multiple infractions early in the licensee's operations.

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

The Board previously found the Licensee in violation of subsections 34(1) and 45(1) of Ontario Regulation 719/90 for permitting drunkenness and allowing liquor in unauthorized areas.

The Registrar sought a 10-day suspension, while the Licensee argued for a 5-day suspension, citing a subsequent suspension already served and an intention to sell the business.

The Board determined that an 8-day suspension was appropriate to serve the interests of both specific and general deterrence, noting the Licensee's multiple infractions within its first year of operation.

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

The Board ordered both the Licensee and the Registrar's Representative to complete mutual disclosure of witness lists, summaries, and will-say statements ten days prior to the scheduled hearing date.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding an application by Jean-Pierre + Co Ici Inc for a liquor sales licence.

The City of Toronto requested party status as an intervener, which the applicant did not oppose.

The Board granted the City of Toronto party status as an intervener and ordered all parties to disclose their witness lists and evidence summaries ten days before the scheduled hearing.

The Registrar issued a Notice of Proposal to revoke and an Order to immediately suspend the liquor licence of Hotel Boutique Lounge Inc. At the hearing, the Licensee's representative requested an adjournment to facilitate the sale of the establishment or resolve outstanding tax issues, agreeing to an immediate revocation if unsuccessful within 90 days.

The Registrar consented to the adjournment.

The Board granted the adjournment and ordered that the interim suspension remain in effect pending resolution.

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

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 ten days prior to the scheduled hearing date.

The Registrar of the Alcohol and Gaming Commission of Ontario sought a sanction against the Licensee for permitting disorderly conduct on its premises, contrary to subsection 45(1) of Ontario Regulation 719/90.

Following a finding of liability, the Registrar requested a seven-day suspension, while the Licensee argued for a warning, noting it was a first offence at this location and citing potential provocation by the inspector.

The Board found that the Licensee failed to adequately supervise the premises and prevent the disorderly conduct.

Balancing the seriousness of the violation with the mitigating factors, the Board ordered a five-day suspension of the liquor licence.

At a pre-hearing teleconference regarding an application by Toronto Pick Operations Ltd. for a liquor sales licence, the City of Toronto requested party status.

The applicant did not object, and the Registrar took no position.

The Board granted the City of Toronto party status and ordered all parties to make standard disclosure ten days before the hearing.