AGCO 2010

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the respondent's liquor licence following a large fight outside the premises and allegations of underage drinking.

The Board found that the licensee breached the Liquor Licence Act and its regulations by failing to have adequate security to deter disorderly conduct, permitting violent conduct on the premises, and serving alcohol to a minor.

The Board dismissed the allegation that the licensee permitted patrons to remove liquor from the premises due to insufficient evidence.

Written submissions on penalty were requested.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the liquor licence of a nightclub, alleging that the licensee permitted a patron to possess marijuana on the premises.

Police officers testified they observed a patron rolling what they believed to be a marijuana cigarette, but the substance was destroyed and not tested.

The Board dismissed the allegation, finding that the Registrar failed to prove on a balance of probabilities that the substance was marijuana, as the evidence relied heavily on uncorroborated hearsay and the officers' notes and testimonies contained inconsistencies.

The Registrar issued a Notice of Proposal to revoke the licensee's liquor delivery service licence for delivering alcohol to minors and failing to maintain proper records.

Following a finding of liability, the Board held a hearing on sanction.

Despite the licensee's claims of being a new operator and promises to implement stricter controls, the Board found that the licensee had managed the business for three years prior, failed to follow his own manual, and allowed widespread delivery to minors.

The Board revoked the liquor licence, emphasizing the need for general and specific deterrence.