Alcohol and Gaming Commission of Ontario

A pre-hearing conference was held regarding a Notice of Proposal to revoke the liquor licence of a restaurant.

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.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposed Order to revoke the registration of the Registrant as a lottery retailer.

The matter was resolved at the hearing when the Registrar withdrew the notice after the Registrant agreed to the inclusion of specific conditions on its registration.

The Board ordered the agreed-upon conditions attached to the registration, which required a specific officer and director to remove himself from the corporation and cease direct involvement in its day-to-day operations.

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

The Alcohol and Gaming Commission of Ontario held a pre-hearing tele-conference regarding a Notice of Proposal to revoke the respondent's liquor licence.

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

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

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

The applicant sought to expand the licensed capacity of its resort from 128 to 246 persons.

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

At the hearing, the sole attending objector expressed concerns about noise from fireworks but did not object to the capacity increase itself.

The Board found that the resort was well-managed and considerate of its neighbours, concluding that the evidence was insufficient to deny the application.

The application for additional licensed capacity was approved.

The Alcohol and Gaming Commission of Ontario previously found that the licensee contravened subsection 45(2) of Ontario Regulation 719/90 by offering marijuana to an undercover police officer.

In this decision on sanction, the Board considered the seriousness of the offence alongside the licensee's lack of prior breaches and expressed remorse.

The Board ordered a 30-day suspension of the establishment's liquor licence.

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

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

The Licensee brought a motion seeking further disclosure of records and an adjournment of the hearing into a proposal to suspend its liquor licence.

The Licensee argued that an adjournment was necessary pending a Freedom of Information appeal and due to counsel's unavailability.

The Board ordered disclosure only for substantive matters and denied the request for disclosure related to a pending bias motion.

The Board dismissed the adjournment request, citing the public interest in proceeding expeditiously and noting that the hearing dates had been agreed to unconditionally months prior.

The Licensee brought a motion for a stay of proceedings, alleging that the exclusion of a party from a mid-hearing conference and the discussion of improper witness conduct created a reasonable apprehension of bias and violated the principles of natural justice.

The Board denied the motion, finding that the Licensee's legal counsel was present during the conference, no evidence was presented, and the panel did not pre-judge the matter.

The Board noted that administrative tribunals do not operate in a criminal court environment and that reminding witnesses not to discuss testimony is a routine procedure.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the licensee's liquor licence for serving intoxicated patrons.

The parties submitted an Agreed Statement of Facts admitting the breaches and a Joint Submission on Disposition proposing a 25-day suspension.

The Board accepted the joint submission, finding the licensee breached the Liquor Licence Act and its regulations, and ordered a 25-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 as a gaming assistant.

At the hearing, the registrant admitted the allegations and did not contest the revocation.

The Board ordered the revocation of the registrant's registration effective immediately.

The Board previously found the Licensee contravened the Liquor Licence Act and ordered a 14-day suspension of its liquor licence, in addition to a 7-day interim suspension already served.

The Board accepted the Licensee's proposed suspension dates and ordered the 14-day suspension to commence on September 27, 2010.

The Registrar issued a Notice of Proposal to refuse the transfer of a liquor licence to the applicant due to unpaid retail sales tax.

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

The Board accepted the joint submission, finding that the applicant breached the Liquor Licence Act by failing to remit $5,975.71 in retail sales tax.

The Board ordered that the transfer be dismissed effective July 30, 2010, unless the applicant remitted the outstanding amount in full prior to that date, in which case the transfer would be approved.

The Registrar brought a motion to rescind an order that had lifted the interim suspension of the Licensee's liquor licence, alleging that the Licensee breached conditions requiring functional video surveillance and barring a specific individual from the premises.

The Board found that while the Licensee technically breached the conditions by having inadequate camera coverage and allowing the barred individual in the entranceway, restoring the interim suspension would be too harsh a penalty.

The Board ordered the Licensee to comply with the conditions and maintained the order lifting the suspension.

The licensee applied for additional licensed areas for its nightclub.

At a pre-hearing teleconference, the City of Toronto and a resident's association requested party status.

The licensee and the Registrar did not object.

The Board granted party status to both the City of Toronto (as an intervenor) and the resident's association, and set out a timeline for the disclosure of witness lists and evidence summaries prior to the scheduled hearing.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the Licensee's liquor licence for allegedly permitting an underage person to consume alcohol on the premises.

Police officers observed a young male, known to them to be under 19, drinking beer at the establishment.

The Licensee testified that she had previously checked the patron's British Columbia photo identification, which indicated he was of legal age, and had also observed him drinking with his parents.

The Board found the Licensee's evidence credible and concluded she had been deceived by fake identification.

The allegations were dismissed.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the licensee following an incident involving a fight, injured patrons, and intoxicated patrons at the premises.

The parties reached an agreement admitting to violations of the regulations under the Liquor Licence Act.

The Board accepted the agreement and ordered a 14-day suspension of the liquor licence.

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

The Board ordered mutual disclosure of witness lists, evidence summaries, and other required materials 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 revoke the liquor licence of Brinner Enterprises Inc. The Board ordered the Registrar and the Licensee to exchange witness lists and evidence summaries prior to the hearing.

The parties were also directed to ascertain the position of the trustee in bankruptcy regarding a possible stay of the proceedings.