AGCO 2010

The Alcohol and Gaming Commission of Ontario held a pre-hearing tele-conference regarding a Notice of Proposal to revoke the respondent's liquor licence.

The Board ordered both the licensee and the Registrar to provide mutual disclosure, including witness lists and summaries of evidence, at least 10 days prior to the scheduled hearing date.

The Licensee brought a motion for a permanent stay of proceedings regarding a Notice of Proposal to suspend its liquor licence, arguing that the organizational structure and operational realities of the Alcohol and Gaming Commission of Ontario (AGCO) created a reasonable apprehension of bias.

The Licensee alleged a lack of administrative independence and institutional impartiality due to overlapping functions of the Chair, Board members, and the Registrar.

The Panel dismissed the motion, finding that the statutory framework, including the prohibition against prior consideration under s. 10(3) of the Alcohol and Gaming Regulation and Public Protection Act, 1996, and the operational realities of the AGCO maintained a clear separation between the adjudicative and investigative/prosecutorial functions.

The Panel concluded that a reasonable and informed person would not find a reasonable apprehension of bias.

The Alcohol and Gaming Commission of Ontario held a pre-hearing conference regarding a Notice of Proposal to revoke the liquor licence of the corporate licensee.

The Board ordered mutual document disclosure between the licensee and the Registrar's representative to be completed ten days prior to the scheduled hearing.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposed Order to revoke the registration of the registrant as a gaming assistant.

At the hearing, the registrant admitted the allegations and did not contest the revocation.

The Board ordered the revocation of the registrant's registration effective immediately.

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 XO Music Studio.

The parties submitted an Agreed Statement of Facts admitting to violations including serving alcohol in unlicensed areas, exceeding capacity, permitting an intoxicated patron, and blocking a fire exit.

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

The applicant, operator of a fine dining establishment, applied to the Alcohol and Gaming Commission of Ontario to remove a condition on its liquor licence that prohibited amplified music and a dance floor.

The condition had been in place since 2000.

The applicant argued that the condition restricted its ability to host weddings and participate in local festivals, and that the neighbourhood had become increasingly commercialized.

The Board found that the applicant met the onus of proving a material change in circumstances and that removing the condition was not contrary to the public interest.

The application to remove the condition was approved.

A pre-hearing teleconference was held regarding the licensee's appeal of an Order of Monetary Penalty.

The Board issued a procedural order directing the licensee and the Registrar to exchange witness lists, evidence summaries, and other required disclosure at least ten days prior to the scheduled hearing date.

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

Following an inspection, AGCO inspectors observed four patrons exhibiting signs of intoxication.

The Board found that two of the patrons were intoxicated and that the licensee permitted them to be drunk on the premises, as they were observed drinking alcohol over a sufficient period for staff to notice their condition.

The allegation regarding a third patron was dismissed as staff had cut her off, and the fourth patron was found not to be intoxicated.

The Board concluded the licensee violated subsection 45(1) of Ontario Regulation 719/90 and requested submissions on penalty.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to suspend the respondent's liquor licence, alleging that the licensee permitted disorderly conduct and failed to facilitate an inspection.

During a routine inspection, patrons became uncooperative and verbally abusive when asked for identification by inspectors.

The Board found that while the patrons' behaviour was disorderly, the licensee's staff attempted to assist the inspectors and did not obstruct the inspection.

The allegations were dismissed.

Sushi District Inc. applied for an additional outdoor area liquor licence for its restaurant.

The application was opposed by a neighbouring property owner who raised concerns primarily about garbage disposal and the potential for the restaurant to become a nightclub.

The Board found that the objector's concerns were not supported by direct evidence and that the applicant had taken appropriate steps to manage its garbage.

The Board concluded that granting the licence was in the public interest and approved the application without the conditions proposed by the objector.

The applicant's request for costs was denied as the Board lacked the jurisdiction to award them.

The Licensee brought a motion seeking further disclosure of records and an adjournment of the hearing into a proposal to suspend its liquor licence.

The Licensee argued that an adjournment was necessary pending a Freedom of Information appeal and due to counsel's unavailability.

The Board ordered disclosure only for substantive matters and denied the request for disclosure related to a pending bias motion.

The Board dismissed the adjournment request, citing the public interest in proceeding expeditiously and noting that the hearing dates had been agreed to unconditionally months prior.

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

The Board ordered the respondent and the Registrar's Representative to exchange witness lists, evidence summaries, and other disclosure at least 10 days before the scheduled hearing date.

The Registrar of the Alcohol and Gaming Commission of Ontario issued Notices of Proposal to suspend and revoke the licensee's liquor licence for various infractions, including failing to clear liquor, permitting drunkenness, and failing to facilitate an inspection.

Following an Agreed Statement of Facts and a Joint Submission on Disposition, the Board found the licensee breached the Liquor Licence Act and its regulations.

The Board ordered a 55-day suspension of the liquor licence.

The Licensee brought a motion for a stay of proceedings, alleging that the exclusion of a party from a mid-hearing conference and the discussion of improper witness conduct created a reasonable apprehension of bias and violated the principles of natural justice.

The Board denied the motion, finding that the Licensee's legal counsel was present during the conference, no evidence was presented, and the panel did not pre-judge the matter.

The Board noted that administrative tribunals do not operate in a criminal court environment and that reminding witnesses not to discuss testimony is a routine procedure.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to revoke the respondent's liquor licence for failure to remit retail sales tax.

The respondent requested a hearing but failed to attend.

The Board proceeded ex parte and heard evidence that the respondent owed over $30,000 in unremitted retail sales tax and had a history of non-compliance.

The Board found the respondent breached the Liquor Licence Act and ordered the licence revoked.

The applicants applied for a liquor licence for Korova Milkbar.

The Palmerston Area Residents Association objected to the application.

Prior to the hearing, the parties reached an agreement on conditions to mitigate noise and disruption.

On consent, the Alcohol and Gaming Commission of Ontario approved the application subject to conditions regarding patio hours, noise control, and service requirements.

At a pre-hearing conference regarding a Notice of Proposal to revoke the liquor licence of Metaforia Restaurant Café Ltd., the Board ordered mutual disclosure.

The Licensee was ordered to disclose its witness list and evidence summaries, and both parties were ordered to complete any further disclosure 10 days prior to the scheduled hearing date.

At a pre-hearing 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's Representative to disclose witness lists, evidence summaries, and other required disclosure ten days prior to the scheduled hearing date.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Blue Nile Restaurant Ltd. after the licensee's manager sold crack cocaine to an undercover police officer on the premises.

At the hearing, the parties presented an Agreed Statement of Facts and a Joint Submission on Disposition.

The Board found that the licensee breached s. 45(2) of Ontario Regulation 719/90.

Accepting the joint submission, the Board ordered a 45-day suspension of the liquor licence and added a condition prohibiting the manager from being involved in the business or entering the premises.

The applicant sought a liquor licence for a Caribbean restaurant.

Local residents objected to the application, expressing concerns about parking, noise, garbage, and the potential for the establishment to operate as a sports bar rather than a restaurant.

The Board noted that the existing zoning permitted a licensed restaurant and that the applicant had been responsive to community concerns, including repairing the ventilation system and removing 'sports bar' signage.

Finding no evidence to support denying the licence, the Board approved the application subject to conditions restricting hours of alcohol service, requiring food service, and mandating noise control measures.