AGCO 2011

Following a finding that the licensee contravened section 43 of O. Reg 719/90 and breached security provisions, the Board ordered an 18-day suspension of the liquor licence.

The licensee proposed acceptable suspension dates.

The Board ordered the suspension to commence on October 10, 2011, and continue until October 28, 2011.

The Registrar sought a 14-day suspension of the Licensee's liquor licence following findings that the Licensee contravened the Liquor Licence Act and regulations by serving a minor, permitting drunkenness, and serving an intoxicated person.

The Licensee argued for a 7-day suspension, noting that some allegations had been dismissed.

The Board considered the multiple recent contraventions, the seriousness of serving a minor, and the lack of proposed remedial measures.

The Board ordered a 9-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the licensee's liquor licence, alleging that the licensee permitted drunkenness on the premises.

Two inspectors testified that they observed an intoxicated patron yelling and swaying, but did not speak to him or ask staff to remove him.

The licensee's witnesses testified that the patron had been playing pool and was involved in a brief, work-related argument before leaving by taxi.

The Board found that while the patron may have been intoxicated, there was insufficient evidence to prove that the licensee 'permitted' the drunkenness or knew or ought to have known of it.

The allegation was dismissed.

The Registrar ordered an interim suspension of the Licensee's liquor licence following a shooting incident at the nightclub.

The Board lifted the interim suspension subject to conditions, including mandatory metal detection and video surveillance checks.

On the merits, the Board found the Licensee breached its Compliance Plan by failing to maintain operational video cameras, post surveillance signage, and ensure all persons (including band members) were checked by a metal detector.

However, the Board dismissed the allegation that the Licensee permitted violent conduct, finding that security staff responded appropriately to the initial altercation before the unexpected shooting occurred.

The Board previously found that the Licensee contravened the Liquor Licence Act and its regulations, and ordered a 9-day suspension of its liquor licence.

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

The Board ordered the suspension to commence on November 13, 2011 and continue until November 22, 2011.

The Board previously found that the Licensee breached subsection 45(1) of the Liquor Licence Act and ordered a seven-day suspension of its liquor licence.

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

The Board ordered the liquor licence suspended for seven consecutive days commencing October 17, 2011.

The applicant applied for a liquor sales licence for a deli located in a commercial unit of a condominium building.

Several residents objected, raising concerns about potential noise, property damage, and parking issues, particularly regarding a patio.

The Board noted that the application did not include a patio.

The applicant agreed to several conditions, including limiting capacity to 33 persons, restricting hours of sale, partitioning the licensed area, and prohibiting amplified music.

Finding no evidence that the applicant would not be a responsible licensee, the Board concluded it was in the public interest to approve the application subject to the agreed conditions.

The Board previously ordered a three-day suspension of the respondent's liquor licence and requested submissions on the dates.

The respondent proposed dates that included a Wednesday, which was not a normal business day for the establishment.

The Board agreed with the Registrar that the suspension should occur on normal business days (Thursday, Friday, and Saturday) and ordered the suspension to commence on Thursday, August 18, 2011.

The Manager of Board Relations issued a letter correcting a typographical error in paragraph 1 of the Board's Decision dated September 7, 2011, regarding B&B Restaurant.

Pursuant to Rule 2.6 of the AGCO Revised Rules of Practice, the date of the hearing was corrected to May 17, 2011.

The Licensee appealed an Order of Monetary Penalty issued by the Registrar for alleged violations of the Liquor Licence Act, specifically that patrons were assaulted by staff and a patron was permitted to be drunk on the premises.

The Board heard evidence from patrons and police officers regarding a fight where a bouncer assaulted two female patrons, and a separate incident where a patron was highly intoxicated and fell down stairs.

The Board found the Registrar's witnesses credible and upheld the violations, confirming the $5,000 monetary penalty.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the licensee's liquor licence for alleged violations of subsections 45(1) and 45(2) of the Liquor Licence Act.

The allegations arose from an incident where police, investigating an assault, were initially denied entry to the premises and later faced delays and refusal of entry when they returned.

The Board found that the licensee contravened subsection 45(1) by obstructing police during their second attempt to enter the premises.

However, the Board dismissed the allegation under subsection 45(2) regarding the failure to facilitate an inspection, finding insufficient evidence that the licensee deliberately withheld surveillance tapes.

Submissions on penalty were invited.

The Registrar sought a 14-day suspension of the licensee's liquor licence for permitting a minor to consume liquor on the premises, contrary to s. 30(4) of the Liquor Licence Act.

The licensee argued that the Board lacked jurisdiction because the licensee had already been fined $2,500 in provincial court for the same incident, claiming double jeopardy.

The Board rejected this argument, holding that regulatory proceedings to determine fitness to hold a licence are distinct from quasi-criminal proceedings and do not engage s. 11 of the Charter.

Considering the circumstances, including the licensee's prior recent contravention and lack of corrective measures, but noting the minor did not purchase the alcohol and consumed very little, the Board imposed an 8-day suspension.

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

The Registrar issued a Notice of Proposal to review the application after receiving objections from TriCounty Addiction Services and a local resident.

Following a hearing, the Board approved the application, with reasons to follow.

The Board held a pre-hearing teleconference regarding the licensee's appeal of an Order of Monetary Penalty.

The Board ordered mutual disclosure of witness lists, evidence summaries, and other documents pursuant to Rule 10 of the AGCO Revised Rules of Practice, to be completed ten days before 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 the respondent establishment for allegedly permitting a minor to consume alcohol on the premises.

During a multi-agency inspection, an 18-year-old patron was observed consuming beer from a pitcher purchased by his friends.

The patron had presented his identification to security, who allowed him to enter despite being underage.

The Board found that the Licensee knew or ought to have known that the minor was consuming alcohol, given the proximity of the table to the bar and the fact that security was aware of his age.

The Board concluded that the Licensee contravened subsection 30(4) of the Liquor Licence Act and invited submissions on penalty.

The Registrar issued a Notice of Proposal to suspend the respondent's liquor licence for allegedly violating section 43 of Ontario Regulation 719/90 by permitting overcrowding.

Three inspectors attended the licensed premises in response to an anonymous complaint and conducted independent counts, finding between 56 and 58 patrons in an establishment with a licensed capacity of 30.

The respondent argued that they were not over capacity and that the inspectors' counts were improbable given the size of the premises.

The Board found the inspectors' evidence credible and consistent, concluding on a balance of probabilities that the premises was over its licensed capacity.

The Board found a violation of section 43 and invited written submissions on penalty.

Following a pre-hearing tele-conference regarding a Notice of Proposal to suspend a liquor licence, the Board ordered the Licensee to disclose its witness list and evidence summaries to the Registrar's Representative 10 days prior to the hearing.

The Registrar's Representative was also ordered to complete any further disclosure 10 days before the hearing.

Following a finding that the licensee failed to clear signs of sale and service of alcohol within 45 minutes of closing, the Board considered the appropriate sanction.

The Registrar sought a seven-day suspension based on the licensee's prior record of suspensions, while the licensee argued for a warning, noting the minor nature of the breach and the financial impact of a suspension.

The Board ordered a three-day suspension as a matter of general and specific deterrence.

The applicant sought to add a licensed outdoor patio to its existing pub and grill.

Local residents objected, citing a history of late-night noise, disruptive patron behaviour, and harassment by the establishment's manager.

The Board found that while there were legitimate concerns about past management conduct and noise from inside the premises, the patio had operated previously without incident and noise could be mitigated.

The Board approved the application subject to strict conditions, including a reduced capacity, the installation of an acoustic fence, a noise monitor, and restrictions on open doors and outdoor music.

The Board held a hearing regarding a Notice of Proposal to refuse the transfer of a liquor licence to the applicant.

The Registrar was subsequently advised by the Ministry of Revenue that the applicant had met the required conditions.

As agreed, the Board approved the application to transfer the liquor licence.