AGCO 2009

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

The licensee's representative failed to participate.

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

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

At the hearing, the parties agreed to amend the Notice of Proposal to include particulars that the licensee permitted drunkenness of five patrons and served liquor to two intoxicated patrons.

The licensee admitted to the allegations and consented to a 14-day licence suspension.

The Board found the contraventions established and ordered the agreed-upon 14-day suspension.

The Registrar sought to suspend the licensee's liquor licence based on an alleged violation of the Liquor Licence Act.

At the hearing, the Registrar's principal witness failed to attend despite being properly summoned.

The licensee brought a motion to dismiss the matter.

The Board granted the motion and dismissed the allegations, finding that proceeding or adjourning would be prejudicial to the licensee who had attended with witnesses and incurred costs.

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 mutual disclosure of witness lists, evidence summaries, and will-say statements ten days prior to the scheduled hearing.

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 and supplying liquor to an intoxicated person.

Following a hearing, the Board found that a female patron exhibited clear signs of intoxication, including unsteadiness and slurred speech, and had been served alcohol while in that state.

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

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the licensee's liquor delivery service licence and an order to immediately suspend the licence on an interim basis.

Following the presentation of evidence at the hearing, the licensee brought a motion to lift the interim suspension order.

The Board denied the motion, finding that due to the seriousness of the allegations and their possible impact on the public, it was in the public interest to maintain the interim suspension until a final decision is rendered.

The Registrar sought a 20-day suspension of the Licensee's liquor licence for serving liquor after hours, failing to clear signs of service, and failing to facilitate an inspection.

The Licensee's manager and staff were found drinking after hours on two occasions, and the manager verbally abused and obstructed an inspector.

Acknowledging the establishment's long history of compliance and the Licensee's remorse as mitigating factors, the Board ordered a 14-day suspension of the liquor licence.

The applicant applied for a liquor sales licence for an indoor premises with a capacity of 530 persons.

The hearing was convened due to written objections from local residents.

The matter was resolved when the objectors withdrew their objections and the parties agreed to a set of conditions.

The Board approved the application subject to statutory conditions, municipal regulations, and the agreed-upon conditions, which primarily addressed noise control, security, and neighbourhood communication.

The Alcohol and Gaming Commission of Ontario held a hearing regarding a Notice of Proposal to suspend the respondent's liquor licence for permitting drunkenness on the premises.

The Board previously found that the licensee breached the regulation by allowing two intoxicated patrons to remain on the premises, who were subsequently involved in a serious motor vehicle accident.

After considering aggravating factors, including the licensee's prior record of suspensions, and mitigating factors regarding staff actions, the Board ordered a 30-day suspension of the liquor licence.

The applicant applied for a liquor sales licence for the indoor area of its premises.

The Registrar issued a Notice of Proposal to review the application after receiving written objections from local residents.

At the hearing, the objectors withdrew their objections after the parties agreed to a set of conditions.

The Alcohol and Gaming Commission of Ontario approved the application subject to statutory conditions, municipal regulations, and specific consent conditions regarding noise, security, and hours of service.

The Board previously found the Licensee, operating as Boston Pizza, in violation of sections 45.1, 46, and 34(1) of Ontario Regulation 719/90 under the Liquor Licence Act.

A six-day suspension was ordered, and the Licensee was asked to propose suspension dates.

The Board accepted the proposed dates and ordered the liquor licence suspended for six consecutive days commencing September 4, 2009.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Albert's Hotel, alleging violations of s. 6(2)(d) of the Liquor Licence Act and s. 45(2) of O.Reg 719/90 relating to drug trafficking on the premises.

Following a police raid that uncovered significant quantities of cocaine and other drugs in rooms adjacent to the licensed area, the Board found that the Licensee permitted the distribution of controlled substances by giving a known drug trafficker free access to the hotel as a handyman.

The Board found a violation of s. 45(2) of the Regulation but dismissed the allegation under s. 6(2)(d) of the Act, noting the Licensee's cooperation and subsequent remedial measures.

Written submissions on penalty were invited.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the respondent's liquor licence for alleged violations of the Liquor Licence Act and its regulations, specifically failing to clear signs of service, obstructing an inspection, and failing to facilitate an inspection.

The Board found that the evidence did not establish that the liquid in the glasses was alcohol or that the bartender was destroying evidence, dismissing the failure to clear and obstruction charges.

However, the Board found that the bartender failed to facilitate the inspection by ignoring the inspectors' knocking and continuing to empty glasses before unlocking the door.

A violation of subsection 45(2) of the Act was found, and submissions on penalty were requested.

The Registrar issued a Notice of Proposed Order to refuse the registration of the corporate registrant as a gaming supplier.

At the hearing, the parties presented an Agreement and Joint Submission Regarding Disposition, in which the registrant admitted to not acting in accordance with the law or with honesty and integrity.

The Board accepted the joint submission, ordering a 60-day suspension of the registration and imposing conditions requiring compliance and reporting of any charges or administrative actions.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the corporate licensee operating as Ulster Arms Tavern.

Following an inspection prompted by a complaint of service to minors, inspectors observed an intoxicated female patron being served alcohol and exhibiting signs of severe intoxication.

When confronted, the principal of the licensee became irate, yelled profanities, grabbed an inspector's arm, and threw his liquor licence at them, necessitating police intervention.

The Board found the testimony of the inspectors and police credible and concluded that the licensee breached the Liquor Licence Act and its regulations by permitting drunkenness, supplying liquor to an intoxicated person, and failing to facilitate an inspection.

The Registrar of the Alcohol and Gaming Commission of Ontario issued Notices of Proposal to suspend the liquor licence of the Turkey Point Hotel for alleged violations of the Liquor Licence Act and its regulations.

The parties submitted an Agreed Statement of Facts admitting that drunken patrons were permitted in the licensed premises on multiple occasions.

Based on a Joint Submission on Disposition, the Board ordered a 30-day suspension of the liquor licence.

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 Trasheteria (Peterborough) Inc. The Board ordered both the Licensee and the Registrar's Representative to complete mutual disclosure, including witness lists and summaries, ten days before the scheduled hearing date.

The Board issued an amending order to correct the name of the Licensee's representative who attended the pre-hearing teleconference and to clarify the Licensee's disclosure obligations under 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 revoke and suspend the liquor licence of the respondent nightclub after a patron brought a firearm into the premises and discharged it.

Following an Agreed Statement of Facts and a Joint Submission on Disposition, the Board found the licensee breached section 45.2 of Ontario Regulation 719/90.

The Board ordered a five-day suspension of the liquor licence and imposed extensive security and operational conditions on the licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent establishment, alleging it permitted drunkenness on two occasions in November 2007.

The Board heard conflicting evidence from police officers and the establishment's staff and owner regarding the intoxication levels of patrons and whether they had consumed alcohol inside the premises.

The Board found the evidence insufficient to prove on a balance of probabilities that the patrons were drunk inside the establishment or that the licensee knew or ought to have known of the drunkenness.

The allegations were dismissed.