AGCO 2010

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the respondent's liquor licence after inspectors observed numerous patrons smoking marijuana inside the licensed premises.

The parties submitted an Agreed Statement of Facts acknowledging the breach of section 45(2) of Ontario Regulation 719/90, and a Joint Submission on Disposition.

The Board accepted the joint submission and ordered a 21-day suspension of the liquor licence, noting the licensee's prior 7-day suspension for a similar breach.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of the Penalty Box Restaurant.

The allegations stemmed from two police searches in 2004 and 2008, during which the Licensee's brother, who managed the premises in the evenings, was found in possession of cocaine packaged for sale.

The Board found that the Licensee knew or ought to have known about the drug trafficking activities, given his knowledge of the 2004 incident and his continued employment of his brother.

The Board concluded that the Licensee violated section 6(2)(d) of the Liquor Licence Act and subsection 45(2) of Ontario Regulation 719/90, and requested written submissions on penalty.

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, contrary to subsection 45(1) of O.Reg 719/90.

During an inspection, AGCO inspectors found an intoxicated male patron sleeping on top of another person in the bottle service area.

The licensee argued that its security staff were unaware of the intoxicated male and had only dealt with a different, sober patron.

The Board found that the licensee's staff ought to have observed the intoxicated patron given his condition and location.

The Board concluded that the licensee permitted drunkenness and invited submissions on penalty.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of the corporate licensee, operating as Party World KTV, and an order to immediately suspend the licence on an interim basis for alleged violations of the Liquor Licence Act.

At the commencement of the hearing, the licensee surrendered the liquor licence effective immediately.

Consequently, the Registrar withdrew the Notice of Proposal.

The Board accepted the surrender of the licence and the withdrawal of the proposal.

The Alcohol and Gaming Commission of Ontario held a pre-hearing tele-conference regarding a Notice of Proposal to suspend the liquor licence of the White House Hotel.

The hearing was adjourned to an unscheduled date.

The Board ordered the licensee and the Registrar to exchange witness lists, evidence summaries, and further disclosure ten days prior to the new hearing date.

Following a finding that the licensee violated section 29 of Ontario Regulation 719/90 under the Liquor Licence Act by failing to clear signs of service and consumption within 45 minutes after the end of the service period, the Board considered the appropriate sanction.

The Registrar sought a 30-day suspension based on the licensee's prior disciplinary history, while the licensee argued for a 7-day suspension, noting the current infraction was less serious than past ones and citing economic hardship.

The Board rejected economic factors as irrelevant but agreed the current infraction did not raise the same public safety concerns as past violations.

Applying progressive discipline, the Board ordered a 12-day suspension.

The applicant sought an increase in indoor capacity for its licensed establishment from 105 to 149 persons.

The application was opposed by the City of Toronto and local residents due to ongoing issues with noise, garbage, parking, violence, and gang activity associated with the establishment.

The Board found that the applicant had not adequately addressed these concerns and that granting the capacity increase would not be in the public interest.

The application was denied.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to suspend the licensee's liquor licence for violations including permitting minors to consume liquor, failing to check identification, and permitting drunkenness.

Following a finding that the licensee contravened the Liquor Licence Act and its regulations, a hearing on sanction was held.

The Registrar sought a 14-day suspension, while the licensee proposed a monetary penalty or a 2-3 day suspension.

The Board found the violations to be very serious and noted the lack of extenuating circumstances.

The Board ordered a 12-day suspension of the liquor licence, emphasizing the need for specific and general deterrence.

Following a finding that the licensee violated the regulations by failing to clear signs of service and selling liquor outside prescribed hours, the Board held a hearing to determine the appropriate sanction.

The Registrar sought a 14-day suspension, arguing that the after-hours service contributed to a patron's injury.

The licensee requested a 1-to-3-day suspension, noting its lack of prior record and admission of the clearing infraction.

The Board rejected the Registrar's argument regarding the injury due to lack of evidence, considered the licensee's clean record, and ordered a 5-day suspension of the liquor licence.

The Hearings Department of the Alcohol and Gaming Commission of Ontario issued a letter to correct a clerical error in a previous Order.

Pursuant to Rule 2.6 of the AGCO Revised Rules of Practice, the Order was corrected to include the omitted issue date of February 12, 2010.

Following a finding that the licensee contravened the Liquor Licence Act and a subsequent order for a 12-day suspension, the Board issued an order setting the specific dates for the suspension of the liquor licence.

The suspension was ordered to run for 12 consecutive days from March 31, 2010, to April 12, 2010.

The Registrar issued a Notice of Proposed Order to suspend the Registrant's registration as a lottery retailer after illegal gambling machines were found on the premises.

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

The Board accepted the joint submission, ordering a 30-day suspension of the registration and imposing terms and conditions, including a requirement to report any future charges or convictions.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposed Order to suspend the registrant's lottery retailer registration after illegal gambling machines were found on the premises.

The registrant's wife had been charged under the Criminal Code, and the charges were withdrawn in exchange for a charitable donation and forfeiture of the machines.

Following an agreed statement of facts and joint submission, the tribunal ordered a 30-day suspension of the registration and imposed conditions on the registrant.

Following a hearing, the Board found the Licensee in violation of section 29 and subsection 25(1) of Ontario Regulation 719/90 and ordered a five-day suspension of its liquor licence.

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

The Board ordered the five-day suspension to commence on March 6, 2010.

The licensee applied to the Alcohol and Gaming Commission of Ontario to change a condition on its liquor licence that prohibited live entertainment, seeking to allow a two-piece band or DJ music.

The Registrar issued a Notice of Proposal to refuse the application, and local residents objected due to noise concerns.

The Board found that the licensee failed to establish a change in circumstances as required by subsection 14(2) of the Liquor Licence Act.

Although the licensee had been a good corporate neighbour, the changes in ownership and hours of operation, as well as ongoing economic hardship, did not constitute a change in circumstances.

The application was denied.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposed Order to suspend the Registrant's registration as a gaming assistant.

At the hearing, the parties agreed to reduce the proposed suspension from 30 days to 14 days.

The Board ordered a 14-day suspension of the Registrant's registration based on the agreement of the parties.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the establishment Reign Lounge, alleging violations of section 45.1 of O.Reg. 719/90 and subsection 14(1) of O.Reg. 58/00.

Following a hearing, the Board found that the Licensee contravened section 45.1 by failing to ensure reasonable measures were in place to deter disorderly conduct, after a large group of patrons exited the premises and engaged in a violent altercation on the street.

The Board dismissed the allegation under subsection 14(1) due to a lack of evidence.

Written submissions on penalty were invited.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the licensee's liquor licence for permitting drunken patrons, including a minor, on the premises.

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

The Board found that the licensee breached the Liquor Licence Act and ordered an 8-day suspension of the liquor licence.

The Board previously found that the Licensee violated subsection 45(1) of Ontario Regulation 719/90 and ordered a 14-day suspension of its liquor licence.

The Licensee proposed acceptable suspension dates.

The Board ordered the 14-day suspension to commence on March 1, 2010.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence for permitting drunkenness in the establishment, contrary to section 45(1) of O. Reg. 719/90.

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

The Board accepted the joint submission and ordered a 10-day suspension of the liquor licence.