Alcohol and Gaming Commission of Ontario

At a pre-hearing conference, the Board considered two Notices of Proposal to suspend the liquor licence of Agogo Karaoke Inc. On consent of the parties, the Board ordered that the two matters be combined and proceed as a single hearing.

The applicant sought to increase the indoor capacity of its restaurant and add a licensed outdoor patio.

Local residents objected, primarily citing concerns about noise, parking, and garbage.

The Board found that the objectors did not meet the onus to prove that the indoor capacity increase was against the public interest, and approved it subject to reduced hours of operation.

The Board deferred its decision on the outdoor patio pending approval by the municipal Committee of Adjustment regarding zoning issues.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the respondent's liquor licence for alleged overcrowding violations.

At the hearing, the parties submitted an Agreed Statement of Facts admitting that the respondent exceeded its licensed capacity of 146 persons on two occasions, with 234 and 167 persons present respectively.

The Board found a violation of section 43 of O.Reg 719/90.

Accepting the parties' Joint Submission on Disposition, the Board ordered a 9-day suspension of the respondent's liquor licence.

The Board of the Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposed Order to refuse the registration of Clifford Laurris Meek.

The Board ordered both the Registrant and the Registrar's Representative to provide mutual disclosure, including witness lists and evidence summaries, ten days prior to the scheduled hearing date.

A pre-hearing teleconference was held regarding a Notice of Proposed Order to revoke the gaming registration of the respondent.

The Board ordered both the respondent and the Registrar's Representative to complete mutual disclosure, including witness lists and evidence summaries, at least 10 days prior to the yet-to-be-scheduled hearing.

The Board previously ordered a 14-day suspension of the licensee's liquor licence for a violation of subsection 45(1) of Ontario Regulation 719/90.

The licensee appealed the decision and obtained a stay, but the appeal was subsequently dismissed on consent and the stay lifted.

The Board issued this order to set the dates for the 14-day suspension, commencing on January 30, 2011.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Nikki's Sports Gallery for alleged violations of permitting drunkenness and failing to deter disorderly conduct.

A female patron became severely intoxicated from a combination of alcohol and drugs while on the premises.

Later, her boyfriend and other patrons engaged in an altercation with police outside the establishment, and the bar's security staff failed to assist the officers.

The Board found that the Licensee breached both subsection 45(1) and section 45.1 of O.Reg. 719/90 by failing to monitor the patron's alcohol consumption and failing to intervene to assist police during the disorderly conduct.

Following a finding that the licensee breached conditions of its liquor licence, the Board ordered a two-day suspension and requested proposed dates.

Before dates were set, the licence was administratively revoked because the premises closed.

The Board declined to set suspension dates, finding the issue moot, but noted it would do so if the revocation order is rescinded.

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 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 applicant sought to transfer a liquor licence.

In a previous decision, the Board ordered that the transfer would be approved if the applicant remitted outstanding retail sales tax to the Ministry of Revenue by a specified date, failing which the application would be dismissed.

The Registrar provided evidence that the applicant failed to remit the required tax by the deadline.

Consequently, the Board issued an order dismissing the transfer application.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to revoke the registrant's licence to operate as a Lottery Retail Operator.

The registrant had failed to disclose multiple criminal convictions, including keeping a common gaming house and theft, as well as outstanding charges for sexual assault and sexual exploitation, on her registration and renewal forms.

The Board found reasonable grounds to conclude the registrant would not act in accordance with the law, honesty, and integrity, and revoked her licence.

The Licensee applied to amend a condition on its liquor licence regarding outdoor security requirements.

The Registrar proposed to refuse the application due to written objections from neighbours.

At the hearing, the Licensee presented evidence of proactive measures taken since assuming ownership, including moving the smoking area, coordinating with taxis, and maintaining a positive relationship with police.

The Board found the Licensee had acted responsibly and acknowledged the financial hardship of maintaining outdoor security during winter months with low attendance.

The Board rescinded the original condition and ordered new conditions requiring outdoor security only during peak summer months and specific holiday weekends.

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 All Star Tap & Grill House, alleging violations of the Liquor Licence Act for permitting a minor to consume alcohol and failing to inspect identification.

A 17-year-old patron consumed alcohol at the establishment and later died by suicide.

The Board found the testimony of the Registrar's witnesses, including the minor's companion and AGCO inspectors, to be credible and consistent, establishing that the bartender did not request identification from the minor on the night in question.

The Board rejected the bartender's testimony as not credible and found that the Licensee breached s. 30(4) of the LLA and s. 41(1) of O. Reg 719/90.

The Board invited written submissions on sanction.

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.

The Registrar issued a Notice of Proposed Order to revoke the Registrant's registration as a lottery retailer after the owner failed to notify the Deputy Registrar of criminal charges within 10 days, as required by the Terms of Registration.

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

The Board accepted the joint submission and ordered a 21-day suspension of the registration, along with continued terms and conditions.

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.

Following a finding that the licensee breached section 29 of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90, the Board ordered a 21-day suspension of the liquor licence.

The licensee proposed acceptable suspension dates, and the Board ordered the suspension to commence on February 1, 2011.

The Registrar of the Alcohol and Gaming Commission of Ontario issued Notices of Proposal to suspend the liquor licence of Clinton's for overcrowding and obstructing an inspection.

The parties submitted an Agreed Statement of Facts admitting to the violations and a Joint Submission on Disposition.

The Board accepted the joint submission and ordered a 19-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.

The parties submitted an Agreed Statement of Facts admitting that a minor was consuming alcohol in the licensed premises and the licensee failed to inspect their identification, contrary to the Liquor Licence Act and regulations.

The Board accepted the Joint Submission on Disposition and ordered a 7-day suspension of the liquor licence.