AGCO 2011

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Melanie Pringle's Restaurant Inc. following an incident where inspectors observed patrons with alcoholic beverages after hours and an employee attempted to conceal the evidence.

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

The Board accepted the joint submission, finding the licensee breached the Liquor Licence Act and its regulations, and ordered a five-day suspension of the liquor licence.

A pre-hearing teleconference was held regarding a Notice of Proposal to suspend the liquor licence of the Plaza Hotel.

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

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence, alleging that the Licensee obstructed a police investigation by cleaning up the scene of an assault before officers could inspect it, contrary to s. 45(1) of the Liquor Licence Act.

At the hearing, the responding police officers testified that they attended the premises to assist an ambulance and did not conduct or attempt to conduct an inspection under the Act.

At the close of the Registrar's case, the Licensee brought a motion for non-suit.

The Board granted the motion, finding no evidence that the police were conducting an inspection under the Act or that the Licensee interfered with one.

The allegations were dismissed.

The Registrar issued a Notice of Proposed Order to revoke the Registrant's registration as a gaming supplier after the Registrant pled guilty to keeping a device for gambling under the Criminal Code.

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

The Board accepted the joint submission, ordering a 21-day suspension of the registration and imposing ongoing conditions, including a prohibition on unlicensed gaming machines on the premises.

The Licensee appealed an Order of Monetary Penalty issued by the Registrar of the Alcohol and Gaming Commission of Ontario for permitting more persons in the licensed premises than the maximum capacity allowed.

The parties submitted an Agreed Statement of Facts admitting that there were up to 275 persons in an area licensed for 196 persons, in violation of section 43 of Ontario Regulation 719/90 under the Liquor Licence Act.

The Board upheld the violation and confirmed the agreed monetary penalty of $2,000.

The Board of the Alcohol and Gaming Commission of Ontario held a pre-hearing tele-conference regarding a Notice of Proposal to suspend the liquor licence of 7106432 Canada Inc. The Board ordered the Licensee to disclose its witness list and a detailed summary of each witness's evidence to the Registrar's Representative 10 days before the hearing.

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

The Board previously found that the licensee breached the Liquor Licence Act and ordered a 12-day suspension of its liquor licence.

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

The Board ordered the 12-day suspension to commence on March 22, 2011.

A pre-hearing conference was held regarding a Notice of Proposal to suspend the liquor licence of Kaytoo Restaurant & Bar.

The Board ordered both the Licensee and the Registrar to complete disclosure of witness lists and evidence summaries by April 18, 2011, ahead of the scheduled hearing in May 2011.

The Registrar issued a Notice of Proposal to revoke the Licensee's liquor licence on the basis of financial irresponsibility, specifically citing significant Retail Sales Tax (RST) arrears owed to the Ministry of Revenue.

The Licensee presented evidence of a business turnaround plan, including reduced operating hours, a rent waiver from the landlord, and substantial payments made towards the arrears since the initial hearing date.

The Board found that the Licensee had demonstrated a commitment to repaying the debt and could reasonably be expected to be financially responsible in the conduct of the business.

The allegation was dismissed.

At a pre-hearing conference regarding a Notice of Proposal to suspend the liquor licence of ZU BAR, the Board of the Alcohol and Gaming Commission of Ontario ordered mutual disclosure of witness lists, evidence summaries, and documents ten days prior to the scheduled hearing date.

The Alcohol and Gaming Commission of Ontario held a pre-hearing conference regarding a Notice of Proposal to suspend the liquor licence of Classic Cocktails Bar & Grill.

The Board ordered the licensee to disclose its witness list and evidence summaries to the Registrar ten days before the scheduled hearing, and ordered the Registrar to complete any further disclosure within the same timeframe.

The Board of the Alcohol and Gaming Commission of Ontario convened a hearing regarding a Notice of Proposal to suspend the liquor licence of The Deck Inc. As the hearing was scheduled to continue on later dates, the Board ordered the Licensee to disclose its witness list and a detailed summary of each witness's evidence to the Registrar's Representative ten days before the hearing date.

The Board also ordered the Registrar's Representative to complete any further disclosure ten days before the hearing date.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of the respondent licensee.

The parties submitted an Agreed Statement of Facts admitting to multiple violations of the Liquor Licence Act and its regulations, including failing to clear signs of service, permitting drunken patrons, serving liquor after hours, and failing to have a manager supervising the premises.

The Board accepted the joint submission, suspending the liquor licence for 28 days and amending the licence conditions to require two licensed security guards.

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 alleged violations of the Liquor Licence Act and its regulations.

Following an inspection during a busy festival weekend, inspectors and police observed a 13-year-old consuming alcohol on the licensed patio without having been asked for identification, as well as several intoxicated patrons.

The Board found that the licensee breached the Act by permitting a minor to consume liquor, failing to check identification, and permitting drunkenness on the premises.

The Board invited written submissions on penalty.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to suspend the liquor licence of Agogo Karaoke Inc. for multiple violations of the Liquor Licence Act and its regulations.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition, admitting to infractions including overcrowding, failing to clear signs of service, obstructing an inspection, and providing false information on a licence application.

The Board accepted the joint submission and ordered a 30-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposed Order to revoke the registration of the Registrant, a lottery retailer, for failing to comply with its terms of registration.

The Registrant had previously agreed to terms requiring it to notify the Deputy Registrar of any administrative action taken by the OLG.

The Registrant failed to report a written warning penalty issued by the OLG for an NSF cheque.

Following a joint submission, the Board ordered a three-day suspension of the Registrant's registration and continued the existing terms of registration.

The Registrar of the Alcohol and Gaming Commission of Ontario issued an Order of Immediate Suspension against a registered gaming assistant after he was charged with ten serious criminal offences, including sexual assault and making and possessing child pornography.

The Registrant requested a hearing.

The Board heard evidence from the police investigator regarding the allegations, which involved a hidden camera in a bathroom and sexual abuse of minors.

The Board found that the serious nature of the charges raised significant concerns regarding the integrity of the gaming industry and the public interest.

The Board upheld the immediate suspension until the criminal charges are concluded.

The applicant applied for an additional outdoor licensed area for 12 persons at its restaurant.

The Registrar issued a Notice of Proposal to review the application due to written objections from residents.

At the hearing, no objectors attended, but the Board considered their written submissions.

The Board approved the application subject to conditions, including no music on the patio, the construction of an acoustical fence, no smoking, and a 10:00 p.m. closing time.

Following a finding that the licensee breached section 29 of Ontario Regulation 719/90 by failing to clear signs of alcohol service after hours, the Board considered the appropriate sanction.

The Registrar sought a 14-day suspension based on the original Notice of Proposal.

However, because the Board had previously dismissed an accompanying allegation under subsection 25(1), it found a 14-day suspension inappropriate.

The Board ordered a 7-day suspension of the liquor licence to serve as both general and specific deterrence.

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 its premises.

The allegations arose after a patron left the establishment and was involved in a fatal motor vehicle collision while driving the wrong way on a divided highway.

The patron exhibited significant signs of intoxication at the accident scene and registered a high blood alcohol concentration.

However, upon reviewing extensive video surveillance from the establishment and hearing testimony from staff, the Board found no evidence that the patron exhibited signs of intoxication while on the premises.

The Board concluded there was insufficient evidence that the Licensee's staff knew or ought to have known the patron was intoxicated, and dismissed the allegations.