AGCO 2011

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the licensee's liquor licence following a fatal motor vehicle accident involving a patron who had attended a corporate Christmas party at the licensee's banquet hall.

Toxicology evidence established that the patron's blood alcohol concentration was more than twice the legal limit at the time of death.

However, witness testimony indicated that the patron did not exhibit visible signs of intoxication during the event, likely due to functional tolerance.

The Board dismissed the allegations, finding insufficient evidence that the licensee knew or ought to have known of the patron's drunkenness or that the patron appeared intoxicated when served.

The City of Toronto requested party status in a hearing regarding an application by 2274330 Ontario Inc. for a liquor sales licence.

The Registrar and the Applicant did not oppose the request.

The Board granted the City of Toronto party status and ordered disclosure of witness lists and evidence summaries ten days before the hearing.

The Board previously ordered a 10-day suspension of the Licensee's liquor licence and requested proposed suspension dates.

The Licensee did not submit dates.

The Registrar informed the Board that the licence had not been renewed and was cancelled.

The Board found that because the licence no longer exists, a suspension is moot.

Following a finding that the licensee breached subsection 45(1) of Ontario Regulation 719/90, the Board ordered a 10-day suspension of its liquor licence.

The licensee proposed acceptable suspension dates.

The Board ordered the suspension to commence on August 1, 2011, and conclude on August 11, 2011.

The City of Toronto requested party status and an adjournment at a pre-hearing tele-conference regarding an application by Femab Bar and Sport Entertainment Inc. for a liquor sales licence.

The Board granted the City of Toronto party status as an intervenor, adjourned the hearing to a date prior to June 29, 2011, and ordered both the City and the Applicant to provide witness lists and summaries within a shortened disclosure period.

The Licensee appealed an Order of Monetary Penalty issued by the Registrar.

At a pre-hearing teleconference, both parties requested an adjournment of the hearing until after October 15, 2011, due to an upcoming criminal trial.

The Board granted the adjournment and set deadlines for mutual disclosure of witnesses and evidence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Mac's North End Pub due to the licensee's failure to file returns and remit Retail Sales Tax (RST) since 2008.

The Board found that the licensee's complete failure to meet its RST obligations demonstrated a lack of financial responsibility, violating subsection 6(2)(a) of the Liquor Licence Act.

However, the Board dismissed the allegation under subsection 6(2)(d), finding that the failure resulted from the licensee being overwhelmed and lacking financial control, rather than from dishonesty or a lack of integrity.

The Board invited written submissions on penalty.

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

At the hearing, the parties submitted an Agreement in which the respondent admitted to the violation of section 45(1) of Ontario Regulation 719/90.

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

The Board previously ordered a 10-day suspension of the licensee's liquor licence.

The licensee appealed to the Divisional Court, which stayed the suspension pending the appeal.

The appeal was dismissed on April 5, 2011.

The Board issued an amended order setting the 10-day suspension to commence on August 28, 2011, based on dates proposed by the licensee.

The Registrar issued a Notice of Proposed Order to refuse the registration of the applicant as a lottery retailer under the Gaming Control Act, 1992.

The applicant had failed to disclose three prior convictions for theft on his application form, claiming he did not understand the meaning of the word 'conviction' and was embarrassed to admit them in front of his landlord.

The Board found the applicant's explanations lacked credibility and that he had deliberately lied on the application.

Concluding that the applicant lacked the necessary honesty and integrity to operate as a gaming supplier, the Board upheld the Notice of Proposed Order and refused the registration.

The Licensee appealed an Order of Monetary Penalty issued by the Registrar for allegedly permitting drunkenness on its premises, contrary to s. 45(1) of O. Reg. 719/90 under the Liquor Licence Act.

During an inspection, AGCO inspectors observed four patrons displaying signs of intoxication.

The Board found that while there was evidence some patrons may have been intoxicated, the Registrar failed to prove on a balance of probabilities that the Licensee 'permitted' the drunkenness.

There was insufficient evidence regarding how long the patrons had been on the premises or whether the Licensee failed to take reasonable steps to effect their departure within a reasonable time.

The alleged violations were dismissed and the $4,000 monetary penalty was set aside.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the registration of a lottery retailer after its sole director was charged under the Copyright Act for offering pirated DVDs for sale.

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

The Board found the director did not act with honesty, integrity, and in accordance with the law, and ordered a 10-day suspension of the registration along with specific conditions.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the Licensee, operating as Koi Restaurant & Lounge, alleging it permitted drunkenness on the premises contrary to subsection 45(1) of O.Reg 719/90.

The allegation arose after a patron threw a beer bottle at a police cruiser from the premises.

The police officer who investigated the mischief noted signs of impairment in the patron and two companions but did not conduct a liquor investigation or arrest them for public intoxication.

The Board found insufficient evidence to conclude the patrons were drunk or that the Licensee permitted drunkenness, noting the lack of evidence regarding their consumption or conduct prior to the incident.

The allegation was dismissed.

The applicant applied for a liquor licence for a family restaurant.

The Registrar issued a Notice of Proposal to review the application due to community objections.

At the hearing, the applicant testified about the nature of the business, while none of the objectors appeared to provide evidence.

The Board found no evidence that granting the application would be contrary to the public interest and approved the liquor licence.

A pre-hearing tele-conference was held regarding a Notice of Proposal to revoke the liquor licence of Barking Fish Café & Sports Bar.

The Vice-Chair issued an order setting deadlines for both the licensee and the Registrar to disclose witness lists, summaries of evidence, expert reports, and other required documents ten days prior to the scheduled hearing date.

The Licensee was previously found to have contravened the Liquor Licence Act by permitting drunkenness and serving liquor outside prescribed hours.

A 20-year-old patron was served a 32 oz beer after 1:00 a.m., left the premises grossly intoxicated, and drove erratically with a blood alcohol level three times the legal limit.

The Board found the Licensee's conduct negligent and irresponsible, though noted its previous exemplary record as a mitigating factor.

The Board ordered a 15-day suspension of the liquor licence.

At a pre-hearing conference regarding Notices of Proposal to suspend a liquor licence, the Board of the Alcohol and Gaming Commission of Ontario issued a procedural order.

The licensee was ordered to disclose its witness list and evidence summaries 10 days before the hearing, and the Registrar was ordered to complete any further disclosure by the same deadline.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to refuse the transfer of a liquor licence to the applicant due to an outstanding retail sales tax audit of $57,271.83.

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

The Board found that the applicant breached the Liquor Licence Act by failing to remit collected retail sales tax.

The Board ordered that the transfer application be approved on the condition that the applicant remit $5,000 to the Ministry of Revenue and execute a Memorandum of Understanding regarding the outstanding tax.

The Registrar issued a Notice of Proposal to suspend the respondent's liquor licence for allegedly permitting drunkenness on the premises, contrary to s. 45(1) of O. Reg. 719/90.

A patron testified to consuming alcohol at the establishment and was subsequently stopped by police for impaired driving shortly after leaving.

Breathalyzer tests revealed a blood alcohol concentration of .245 and .247.

The Board found that given the extreme level of intoxication, the patron would have exhibited clear signs of intoxication while in the establishment, which the staff ought to have noticed.

The Board concluded that the respondent contravened the regulation.

The Board previously found that the Licensee breached the Liquor Licence Act regulations and ordered a 6-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 May 19, 2011.