AGCO 2011

The Board previously found that the licensee breached the Liquor Licence Act and its regulations, and ordered a 15-day suspension of her liquor licence.

The licensee proposed acceptable suspension dates.

The Board ordered the 15-day suspension to commence on May 24, 2011.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence for failing to verify the identity of minors and allowing them to consume outside liquor.

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

The Board found the licensee breached the regulations and ordered a four-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to suspend the liquor licence of the respondent establishment for serving alcohol to a minor without checking identification.

Following a finding of liability in a previous decision, the Board considered the appropriate sanction.

The Registrar sought a 12 to 14-day suspension, while the licensee requested a penalty at the low end of the range, citing its unblemished record and established policies.

The Board found the contravention extremely serious, noting the minor consumed alcohol at the bar in full view of the server for over two hours.

The Board ordered a 12-day suspension of the liquor licence.

Following a finding that the licensee breached the Liquor Licence Act regulations, the Board ordered a three-day suspension of its liquor licence and requested the licensee propose suspension dates.

The licensee proposed dates that were unacceptable to the Board and failed to propose alternate dates.

Consequently, the Board ordered the three-day suspension to commence on March 26, 2011.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to suspend a liquor licence following an incident where a patron left the establishment and was subsequently arrested for impaired driving with a blood alcohol concentration nearly three times the legal limit.

The Licensee admitted to serving liquor outside prescribed hours.

The Board found insufficient evidence that the patron appeared intoxicated when initially served, dismissing the allegation under section 29 of the Liquor Licence Act.

However, the Board found the Licensee breached subsection 45(1) of O.Reg 719/90 by permitting drunkenness on the premises, as the patron consumed a large quantity of alcohol over two hours without any staff monitoring or intervention, and would have shown obvious signs of intoxication well before leaving.

The Board previously ordered a 17-day suspension of the licensee's liquor licence for violations of the Liquor Licence Act and its regulations.

The licensee appealed the decision to the Divisional Court and obtained a stay pending the appeal.

Following the dismissal of the appeal by the Divisional Court, the Board issued this order setting the new dates for the 17-day suspension, as proposed by the licensee and accepted by the Board.

Following a finding that the licensee violated the Liquor Licence Act by permitting overcrowding, failing to position security staff as required, and allowing a patron to openly roll and consume marijuana, the Board held a hearing to determine the appropriate sanction.

The Registrar sought a 30-day suspension, while the licensee argued for a maximum of 5 days.

The Board found the violations serious, particularly the repeated overcrowding and the staff's failure to address open marijuana use.

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

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

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

During a hearing to suspend a liquor licence for allegedly serving intoxicated patrons, the Licensee brought a motion for non-suit after the Registrar's case.

The Board dismissed the non-suit motion.

The Registrar then brought a motion arguing that the Licensee should be deemed to have elected not to call evidence because they did not make a formal election when bringing the non-suit motion.

The Board dismissed the Registrar's motion, finding that administrative tribunals have discretion to control their own processes and that fairness dictated allowing the Licensee to call evidence, especially since the Registrar did not raise the election issue at the time the non-suit motion was made.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Colonel Mustard’s Pub and Deli for alleged violations of the Liquor Licence Act.

The licensee failed to attend the hearing despite being served with notices and contacted by phone on the morning of the hearing.

The Board proceeded ex parte, found that the licensee breached the Act, and ordered the immediate revocation of the liquor licence.

The Registrar issued a Notice of Proposal to refuse to renew the licensee's liquor licence due to retail sales tax arrears of over $109,000.

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

The Board accepted the joint submission and ordered that conditions be added to the licence, requiring the licensee to enter into a Memorandum of Understanding with the Ministry of Revenue, pay $20,000 immediately, and ensure all future tax returns are filed on time with full payment.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Joe Kool's Restaurant.

At a pre-hearing, the parties jointly requested an adjournment pending the outcome of a motion for a stay of proceedings in a related matter before the Divisional Court, which raised the same legal issue.

The Board granted the adjournment sine die and scheduled a further pre-hearing.

The Registrar issued an Order of Monetary Penalty of $1,750 against the licensee for permitting drunkenness on the premises, contrary to subsection 45(1) of Ontario Regulation 719/90.

Inspectors observed a patron exhibiting signs of severe intoxication, including slumping, poor motor skills, and slurred speech.

The licensee argued the patron's behaviour was due to a visual impairment and speech problem, not intoxication.

The Board preferred the evidence of the inspectors, finding the patron was drunk and the licensee knew or ought to have known, thereby permitting the drunkenness.

The monetary penalty was confirmed.

Following a finding that the Licensee breached subsections 19(1) and 45(2) of Ontario Regulation 719/90, the Board ordered a 30-day suspension of its liquor licence.

The Licensee proposed acceptable suspension dates.

The Board ordered the suspension to commence on February 22, 2011, and continue until March 24, 2011.

Following a finding that the licensee breached subsection 45(1) of Ontario Regulation 719/90, the Board previously ordered a 21-day suspension of its liquor licence and requested proposed dates.

The licensee proposed acceptable dates.

The Board ordered the 21-day suspension to commence on January 9, 2011 and conclude on January 30, 2011.

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

The Board ordered the licensee to disclose its witness list and a detailed summary of each witness's evidence to the Registrar ten days before the hearing.

The Registrar was also ordered to complete any further disclosure ten days prior to the hearing.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to refuse a liquor licence application by the corporate applicant due to public objections.

After the first day of the hearing, the applicant abandoned the application.

Consequently, the Registrar withdrew the Notice of Proposal, and the Board confirmed the withdrawal.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence for allegedly serving alcohol after 2:00 a.m. and failing to clear signs of service by 2:45 a.m.

The Board found that the Licensee failed to clear signs of service, as admitted by the manager.

However, the Board dismissed the allegation of serving alcohol after hours, accepting the manager's credible explanation that the beer bottles were cold because they had been kept in an ice bucket on the patrons' table, rather than being recently served.

The Board requested written submissions on penalty.

The applicant, operating as Silver City Bar & Grill, applied for additional licensed areas to increase its capacity.

The Registrar issued a Notice of Proposal to review the application, and local residents objected.

The residents provided evidence of a long-standing history of noise, violence, property damage, and disorderly conduct by patrons of the establishment.

The Board found that the applicant did not have control of the premises at its current capacity, as evidenced by recent liquor licence suspensions for permitting drunkenness and disorderly conduct.

The Board concluded that granting the application was not in the public interest and denied the application.

The Registrar of the Alcohol and Gaming Commission of Ontario issued an Order of Monetary Penalty of $2,000 to the licensee for permitting drunkenness on its premises, contrary to subsection 45(1) of Ontario Regulation 719/90.

Police officers observed a highly intoxicated female patron lying in a VIP booth shortly after midnight on New Year's Eve.

The licensee appealed the order, arguing that staff were distracted by cleaning up confetti and did not see the patron.

The Board confirmed the Registrar's decision, finding that the patron was clearly intoxicated and that the licensee knew or ought to have known of her condition given the staffing levels in the area.

The $2,000 monetary penalty was upheld.