AGCO 2011

The Manager of Board Relations for the Alcohol and Gaming Commission of Ontario issued a letter to correct a clerical error in the appearances section of a previous decision dated August 8, 2011.

Pursuant to Rule 2.6 of the AGCO Revised Rules of Practice, the decision was corrected to accurately reflect the Registrar's Representative.

The Corporation of the Town of Smiths Falls applied for a liquor sales licence for the Smiths Falls Memorial Community Centre.

Objections were raised by TriCounty Addiction Services and local residents regarding the potential influence on children and safety concerns.

TriCounty Addiction Services withdrew its objection after the Town agreed to consult them on a new alcohol management policy.

The Board found no reason that issuing the licence would be contrary to the public interest and approved the application.

The Registrar issued a Notice of Proposed Order to revoke the Registrant's registration as a gaming assistant for failing to disclose criminal charges related to a marijuana grow operation on her annual renewal application.

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

The Board accepted the joint submission, ordering that the Registrant's registration be suspended for nine 12-hour shifts and subject to conditions requiring disclosure of workplace discipline and any future criminal charges.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to revoke the liquor licence of a corporate licensee on the basis that its principal was a full-patch member of the Hells Angels Motorcycle Club.

The Registrar argued that membership in a criminal organization is inherently incompatible with the requirement under the Liquor Licence Act to carry on business in accordance with the law and with honesty and integrity.

The Board declined to revoke the licence, finding that while the Hells Angels is a criminal organization, there was no evidence of any specific past or present conduct by the licensee demonstrating an inability to govern the establishment lawfully.

The licensee had operated the premises without incident or regulatory infractions for ten years.

The applicant applied for a liquor sales licence for a family restaurant and jazz lounge.

The City of Toronto objected, citing concerns about crime in the area and allegations that the applicant was associated with an illegal booze can at a neighbouring property.

The Board found no evidence that the applicant operated the booze can and noted he had no prior violations.

The Board approved the application subject to several conditions, including food service requirements, security cameras, and noise restrictions.

The Licensee appealed an Order of Monetary Penalty issued by the Registrar for alleged violations of the Liquor Licence Act regulations regarding after-hours service and failure to clear signs of service.

Plainclothes police officers observed patrons inside the establishment with beer bottles after 2:45 a.m.

The Board dismissed the allegation of after-hours service, finding insufficient evidence that alcohol was sold or served outside prescribed hours.

However, the Board upheld the allegation that the Licensee failed to clear signs of service within 45 minutes after the end of the prescribed period, as beer bottles remained on the bar or service counter when the officers arrived.

The $300 monetary penalty was confirmed.

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

During a joint inspection by an AGCO inspector and a police officer, patrons were observed exhibiting signs of intoxication and engaging in disorderly conduct.

The Board dismissed the allegation of selling liquor to an intoxicated person under section 29 of the Act due to insufficient evidence regarding who consumed the alcohol.

However, the Board found that the Licensee contravened subsection 45(1) of the regulations by permitting drunkenness and disorderly conduct on the premises, as staff failed to take reasonable steps to control the patrons.

The Board invited written submissions on penalty.

The Manager of Hearings for the Alcohol and Gaming Commission of Ontario issued a letter correcting a clerical error in a previous decision regarding the licensee.

Pursuant to Rule 2.6 of the AGCO Revised Rules of Practice, paragraph 21(c) of the order was corrected to require the licensee to post a prominent sign at each exit reminding departing patrons to be considerate of the surrounding community.

The Registrar of the Alcohol and Gaming Commission of Ontario sought a 31-day suspension of the licensee's liquor licence following a finding that the licensee violated subsection 45(1) of the Liquor Licence Act by failing to facilitate a police inspection.

The licensee argued for a 3-day suspension, citing language barriers and the financial impact on employees.

The Board determined that a 7-day suspension was appropriate for specific and general deterrence, noting the licensee's lack of policies to promote compliance but acknowledging this was a first offence.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to revoke the liquor licence of Mac's North End Pub Inc. following a finding that the licensee breached s. 6(2)(a) of the Liquor Licence Act by failing to act with financial responsibility.

The licensee had collected but failed to remit approximately $21,700 in Retail Sales Tax to the Ministry of Revenue over a three-year period.

The licensee agreed that revocation was the appropriate sanction.

The Board ordered the immediate revocation of the liquor licence, emphasizing that the misappropriation of trust monies collected on behalf of taxpayers demonstrated a complete lack of financial responsibility.

The Board previously found the Licensee in breach of the Liquor Licence Act for permitting drunkenness, selling liquor to an intoxicated person, and permitting a minor to consume liquor.

The Registrar sought a 21 to 25-day suspension, while the Licensee proposed a 14-day suspension.

Given the serious and repetitive nature of the offences, including a previous 21-day suspension in 2003, the Board ordered a 21-day suspension of the liquor licence.

The Manager of Board Relations for the Alcohol and Gaming Commission of Ontario issued a letter correcting a typographical error in the spelling of a representative's name in a previous Decision on Finding and Decision on Sanction regarding the licensee.

The correction was made pursuant to Rule 2.6 of the AGCO Revised Rules of Practice.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to suspend the licensee's liquor licence for alleged violations including overcrowding, inadequate security, permitting a controlled substance (marijuana) on the patio, and blocking fire exits.

The licensee admitted to the overcrowding and security breaches.

After a hearing, the Board dismissed the allegations regarding the controlled substance, finding insufficient evidence that the licensee knew or ought to have known about the marijuana use.

The Board also dismissed the fire exit allegations, preferring the licensee's evidence that the exits were not obstructed.

The Board found the licensee in breach of the capacity and security conditions and invited 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.

The allegations stemmed from an incident where a patron was served five double brandies in 1.5 hours, exhibited signs of intoxication including pulling down his pants, and subsequently drove a vehicle that struck and killed a pedestrian.

The Board found that the patron was intoxicated and that the licensee's staff knew or ought to have known of his intoxication.

The Board concluded that the licensee contravened section 29 of the Liquor Licence Act by serving an intoxicated person and subsection 45(1) of O. Reg. 719/90 by permitting drunkenness on the premises.

Following a finding that the licensee violated the Liquor Licence Act and a subsequent order for a 21-day suspension, the Board issued this order to set the specific dates for the suspension.

The suspension was ordered to commence on September 7, 2011, and continue until September 28, 2011, based on dates proposed by the licensee that were acceptable to the Board.

Following a finding that the licensee contravened section 43 of Ontario Regulation 719/90 by exceeding its licensed capacity, the Board determined the appropriate sanction.

The establishment was found to have 56 persons in an area licensed for 30.

Noting the licensee's chronic history of overcrowding and prior disciplinary record, the Registrar sought a 30-day suspension, while the licensee proposed a 10-day suspension.

Balancing the need for specific and general deterrence with the licensee's expression of remorse, the Board ordered a 17-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario sought a 30-day suspension of the licensee's liquor licence for overcrowding and breaching security conditions.

The Board previously found that the licensee permitted overcrowding on four occasions and breached security conditions on two occasions.

Considering the licensee's history of similar recent infractions, balanced against her admission of responsibility and implementation of corrective training measures, the Board determined that an 18-day suspension was appropriate to serve the principles of specific and general deterrence.

The Licensee appealed an Order of Monetary Penalty issued by the Registrar for an alleged violation of section 43 of Ontario Regulation 719/90 regarding overcrowding.

AGCO inspectors conducted a patron count near closing time and alleged the main floor was over capacity.

The Licensee disputed the count, noting that patrons were leaving and the lower level was closed.

The Board found that the Registrar failed to meet the onus of proving the violation on a balance of probabilities, as the inspectors' count did not account for departing patrons and a second verifying count was not conducted.

The alleged violation was dismissed and the $5,000 monetary penalty was set aside.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Adams Pizzeria (Prescott) Ltd., operating as Limit Exotic Lounge.

Following a police search warrant execution, officers discovered significant quantities of cocaine, prescription pills, and marijuana in the establishment's locked office, along with debt lists indicative of drug trafficking.

AGCO inspectors also found an illegal poker machine, adulterated liquor bottles containing maple syrup and vinegar, and evidence of after-hours sales and liquor being removed from the premises.

The Board found the licensee breached multiple provisions of the Liquor Licence Act and its regulations.

Concluding that the licensee could not be trusted to operate with integrity and honesty, the Board ordered the immediate revocation of the liquor licence in the public interest.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of the respondent establishment following the execution of police search warrants that uncovered significant quantities of cocaine, ecstasy, and percocet, along with large amounts of cash and drug paraphernalia, at both the licensed premises and the principal's residence.

The Board found that the principal had detailed knowledge of and was complicit in a drug trafficking operation based out of the licensed premises.

Concluding that the licensee breached the regulations prohibiting controlled substances on the premises and that the business would not be carried on with integrity and honesty, the Board ordered the immediate revocation of the liquor licence.