AGCO 2010

The Board issued an amended decision on findings regarding a Notice of Proposal to suspend the liquor licence of 1605511 Ontario Inc. operating as The Drink.

Pursuant to Rule 2.7 of the Revised Rules of Practice, the Board amended paragraphs 232, 233, and 310 of its previous decision to clarify the timing of a witness's will-say statement and the nature of the quarrelsome behaviour.

The Board also invited written submissions on penalty from the parties.

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

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

At a pre-hearing conference regarding a Notice of Proposal to revoke a liquor licence, the licensee requested an adjournment due to its representative's unavailability and ongoing disclosure issues.

The disclosure issues were resolved at the pre-hearing.

The Board granted the adjournment, ordering the hearing of evidence to be rescheduled to a date to be set, with a motion to be heard on the originally scheduled dates if required.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the corporate licensee for allegedly permitting drunkenness on its premises.

Police officers observed a patron leave the establishment, stumble, and fall face-first onto the roadway, exhibiting severe signs of intoxication.

The licensee argued the patron had a club foot and was not intoxicated while inside.

The Board preferred the evidence of the police officers, finding the patron was intoxicated and that the licensee knew or ought to have known of his condition given he had been drinking at the bar for several hours.

The Board found the licensee violated subsection 45(1) of Ontario Regulation 719/90.

The Licensee appealed an Order of Monetary Penalty issued by the Registrar of the Alcohol and Gaming Commission of Ontario for allegedly permitting an intoxicated patron on the premises.

The Registrar relied on the testimony of a single patron who claimed to have witnessed an intoxicated male and reported him to staff.

The Board found the witness's evidence lacked credibility due to her admitted intoxication, involvement in a physical altercation, and animosity toward the Licensee.

Without corroborating evidence, the Board dismissed the alleged violation and set aside the $1,800 monetary penalty.

The Alcohol and Gaming Commission of Ontario held a pre-hearing tele-conference regarding a Notice of Proposal to suspend the liquor licence of Arena Entertainment Inc., operating as CIRCA.

The Board ordered the Licensee and the Registrar to provide mutual disclosure of witnesses and evidence summaries ten days prior to the scheduled hearing date.

The Board of the Alcohol and Gaming Commission of Ontario held a pre-hearing tele-conference regarding a Notice of Proposal to suspend the liquor licence of Arena Entertainment Inc. The Board ordered, on consent, that the hearing proceed on March 23, 2010, and set deadlines for both parties to exchange witness lists, evidence summaries, and other disclosure ten days prior to the hearing.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Arena Entertainment Inc., operating as CIRCA.

Following several days of hearings, the Licensee was placed into receivership and ceased operations.

The Registrar requested that the proceedings be adjourned sine die pending the outcome of the Licensee's bankruptcy proceedings.

The Board granted the request and adjourned the proceedings sine die.

The Board previously found that the licensee contravened subsection 45(1) of Ontario Regulation 719/90 and ordered an 18-day suspension of its liquor licence.

The licensee was requested to propose suspension dates but failed to do so despite several requests.

Consequently, the Board ordered the 18-day suspension to commence on May 6, 2010, and continue until May 24, 2010.

The applicants applied for a licence to represent a manufacturer under the Liquor Licence Act.

The Registrar issued a Notice of Proposal to refuse the licence based on the past conduct of one of the co-applicants, which included criminal convictions, numerous traffic violations, and outstanding financial debts.

The Board found that the co-applicant's long pattern of negative past conduct and failure to address outstanding debts raised a reasonable doubt about his ability to operate the business in accordance with the law and with integrity and honesty.

The application was denied.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend and revoke the liquor licence of a nightclub after the licensee permitted three patrons to bring handguns into the premises without being searched.

One patron displayed a handgun to threaten another patron.

The parties submitted an Agreed Statement of Facts and a Joint Submission Regarding Disciplinary Action.

The Board found the licensee breached section 45.2 of Ontario Regulation 719/90.

The Board ordered a 21-day suspension of the liquor licence and added numerous security and operational conditions to the licence on consent of the parties and the City of Toronto.

The Alcohol and Gaming Commission of Ontario held a hearing to determine the appropriate sanction for a licensee found to have permitted violent conduct on its premises, in violation of subsection 45(1) of Ontario Regulation 719/90.

The incident involved bouncers assaulting a patron and management attempting to cover it up.

Considering the severity of the incident, the cover-up, and the licensee's history of previous breaches, the Board ordered an 18-day suspension of the liquor licence as a matter of specific and general deterrence.

A pre-hearing tele-conference was held regarding a Notice of Proposal to revoke the liquor licence of C.G.'s Hideaway.

The hearing was adjourned to a date to be scheduled.

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

At a pre-hearing conference regarding a Notice of Proposal to suspend the liquor licence of Boston Pizza Sudbury, the Board ordered the Licensee to disclose its witness list and evidence summaries to the Registrar ten days before the hearing.

The Registrar was also ordered to complete any further disclosure ten days prior to the hearing.

The Registrar of the Alcohol and Gaming Commission of Ontario issued Notices of Proposal to suspend the respondent's liquor licence for exceeding lawful capacity and permitting a controlled substance on the premises.

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 a new condition requiring paid duty officers for large events.

The Registrar issued a Notice of Proposal to refuse an application for a liquor sales licence by the applicants for their restaurant.

The matter was resolved when the Registrar withdrew the objections upon the applicants agreeing to specific conditions, including restricting one applicant's role to the kitchen and prohibiting his involvement in liquor sales or management.

The Board approved the application subject to the agreed conditions.

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

An inspector observed patrons consuming beer in cups outside the establishment before 11:00 a.m. and encountered a lack of cooperation from the sole staff member on duty.

The Board found that the Licensee violated the regulations by selling and serving liquor outside prescribed hours and permitting the removal of liquor from the premises.

The Board also found a violation for failing to facilitate the inspection, but dismissed allegations of obstructing the inspection and permitting a patron behind the bar.

At a pre-hearing tele-conference regarding a Notice of Proposal to suspend a liquor licence, the Board ordered mutual disclosure between the Registrar and the Licensee.

The Licensee was ordered to provide a witness list, evidence summaries, and a specific landlord's letter ten days prior to the scheduled hearing.

The Registrar was also ordered to complete any further disclosure ten days before the hearing.

A pre-hearing tele-conference was held regarding a Notice of Proposal to suspend the liquor licence of the respondent.

The Board ordered mutual disclosure of witness lists and evidence summaries to be completed ten days prior to the scheduled hearing date.

Following a pre-hearing tele-conference regarding a Notice of Proposal to suspend the liquor licence of Annie's Bar & Grill, the Board ordered mutual disclosure of witness lists, evidence summaries, and other materials ten days prior to the scheduled hearing date.