Alcohol and Gaming Commission of Ontario

At a pre-hearing conference regarding an application for a liquor sales licence by Hartley's Bistro Inc., the City of Toronto requested party status.

The applicant objected, while the Registrar took no position.

The Board granted the City of Toronto party status and issued procedural orders regarding disclosure and witness lists ahead of the scheduled hearing.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to suspend the respondent's liquor licence, alleging that the licensee permitted disorderly conduct and failed to facilitate an inspection.

During a routine inspection, patrons became uncooperative and verbally abusive when asked for identification by inspectors.

The Board found that while the patrons' behaviour was disorderly, the licensee's staff attempted to assist the inspectors and did not obstruct the inspection.

The allegations were dismissed.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor delivery service licence of the licensee for alleged violations of the Liquor Licence Act.

The licensee failed to attend the hearing despite being served with notice and advising the Hearings Office she would not appear.

The hearing proceeded ex parte.

The Board found breaches of the Act and ordered the revocation of the licence.

At a pre-hearing conference regarding a Notice of Proposal to revoke the liquor licence of Metaforia Restaurant Café Ltd., the Board ordered mutual disclosure.

The Licensee was ordered to disclose its witness list and evidence summaries, and both parties were ordered to complete any further disclosure 10 days prior to the scheduled hearing date.

The Registrar of the Alcohol and Gaming Commission of Ontario issued an interim suspension of the licensee's liquor licence in the interest of public safety, alongside a Notice of Proposal to revoke the licence.

During the hearing, the licensee requested that the interim suspension be lifted.

The Board considered the evidence and ordered that the interim suspension remain in effect until the next hearing date, finding it to be in the public interest.

The Licensee brought a post-hearing motion for disclosure, seeking materials it claimed would discredit the testimony of two AGCO inspectors who testified at the original hearing regarding a liquor licence suspension.

The Licensee argued that the inspectors were dishonest and had engaged in misconduct, and that this evidence would have changed the Board's decision.

The Board dismissed the motion, finding that the requested materials were not relevant and did not meet the test for disclosure under Stinchcombe and McNeil.

The Board noted that the Licensee's own witness had corroborated the inspectors' evidence, and the Licensee had the opportunity to challenge the inspectors' credibility during cross-examination but failed to do so.

The Licensee brought a motion to reopen a hearing regarding the suspension of its liquor licence to introduce fresh evidence concerning the conduct and credibility of an AGCO Inspector.

The Board applied the two-part test from Sagaz, finding that the proposed evidence regarding the Inspector's unrelated conduct would not have been admitted, would not have changed the outcome of the hearing, and could have been obtained with due diligence prior to the original hearing.

The motion to reopen was dismissed.

Following a finding that the licensee violated subsection 45(1) of Ontario Regulation 719/90 by permitting drunkenness, the Board determined the appropriate sanction.

The Registrar sought an 18 to 21-day suspension based on the licensee's prior record, while the licensee requested a 1 to 3-day suspension, citing economic hardship and staff training efforts.

The Board ordered a 5-day suspension, emphasizing the principle of progressive discipline and the licensee's ultimate responsibility for staff actions.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence, alleging that a patron was permitted to consume liquor in an unlicensed area of the outdoor patio.

At the hearing, the Registrar relied on the testimony of an inspector but failed to introduce the approved floor plan into evidence.

The Board found the inspector's testimony inconsistent and insufficiently precise to establish the boundaries of the licensed area.

The Board dismissed the allegation, concluding the Registrar failed to prove on a balance of probabilities that the area in question was unlicensed.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the Landmark Restaurant based on allegations of permitting drunkenness and serving intoxicated persons.

Police officers observed two highly intoxicated patrons enter the establishment, stagger to the dance floor, and consume beer served by the establishment's staff.

The Board found that the patrons were clearly intoxicated and that the Licensee's staff failed to properly assess them before serving them alcohol.

The Board concluded that the Licensee contravened section 29 of the Liquor Licence Act and subsection 45(1) of O. Reg. 719/90, and invited written submissions on penalty.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the corporate licensee operating as XO Music Studio.

The parties submitted an Agreed Statement of Facts admitting to violations including serving alcohol in unlicensed areas, exceeding capacity, permitting an intoxicated patron, and blocking a fire exit.

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

The Registrar issued a Notice of Proposal to suspend the liquor licence of Rockwood Nightclub Inc. for allegedly permitting drunkenness on its premises, contrary to subsection 45(1) of Ontario Regulation 719/90.

During an inspection, AGCO inspectors and police officers observed a highly intoxicated female patron on the premises.

The Board found that the patron exhibited pronounced signs of intoxication and that the Licensee ought to have recognized her condition earlier.

The Board also found that the Licensee failed to take reasonable and timely steps to escort her out, improperly delegating the task to a promoter and another patron.

The Board concluded that the Licensee permitted drunkenness and contravened the regulation.

At a pre-hearing conference regarding a Notice of Proposal to revoke a liquor licence, the Board ordered the licensee and the Registrar to mutually disclose their witness lists and detailed summaries of witness evidence at least ten days prior to the scheduled hearing dates.

The Licensee appealed an Order of Monetary Penalty of $3,000 issued by the Registrar for breaches of section 29 of O.Reg 719/90 under the Liquor Licence Act, relating to after-hours service and consumption of alcohol.

Following a noise complaint, police attended the premises on two separate dates after 3:00 a.m. and observed patrons consuming alcohol, with no attempt by the Licensee to clear signs of service.

The Licensee did not attend the hearing.

The Board proceeded ex parte, accepted the police officers' evidence, found the breaches occurred, and confirmed the $3,000 monetary penalty.

A pre-hearing teleconference was held regarding the licensee's appeal of an Order of Monetary Penalty.

The Board issued a procedural order directing the licensee and the Registrar to exchange witness lists, evidence summaries, and other required disclosure at least ten days prior to the scheduled hearing date.

A pre-hearing tele-conference was held regarding a Notice of Proposal to suspend the liquor licence of Spirale Banquet Centre.

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

At a pre-hearing tele-conference regarding a Notice of Proposal to suspend and revoke a liquor licence, the Board ordered mutual disclosure.

The Licensee was ordered to disclose its witness list and detailed evidence summaries, and both parties were ordered to complete any further disclosure ten days prior to the scheduled hearing dates.

A pre-hearing conference was held regarding a Notice of Proposal to suspend the liquor licence of Blu Kat Inc., operating as Sottovoce Wine & Pasta Bar.

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 10 days before the scheduled hearing.

The Alcohol and Gaming Commission of Ontario held a tele-conference pre-hearing regarding a Notice of Proposal to suspend the liquor licence of Agogo Karaoke Inc. The Board ordered the licensee to disclose its witness list and evidence summaries to the Registrar's representative 10 days before the scheduled hearing.

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

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposed Order to revoke the registration of the respondent.

The Board ordered both the respondent and the Registrar to exchange witness lists, detailed summaries of witness evidence, and any further disclosure at least 10 days prior to the scheduled hearing date.