Alcohol and Gaming Commission of Ontario

The Board issued an amended decision on findings regarding a Notice of Proposal to suspend the liquor licence of 1605511 Ontario Inc. operating as The Drink.

Pursuant to Rule 2.7 of the Revised Rules of Practice, the Board amended paragraphs 232, 233, and 310 of its previous decision to clarify the timing of a witness's will-say statement and the nature of the quarrelsome behaviour.

The Board also invited written submissions on penalty from the parties.

A hearing was held regarding a Notice of Proposal to revoke the liquor licence of The Deck Pub & Grill for various violations, including permitting underage drinking, drunkenness, and locked fire exits.

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

The Board accepted the joint submission, finding the licensee breached the Liquor Licence Act and its regulations.

The Board ordered a 37-day suspension of the liquor licence, the immediate surrender of the caterer's endorsement, and added conditions prohibiting future temporary extensions or caterer's endorsements.

The Board of the Alcohol and Gaming Commission of Ontario issued an order scheduling a motion on jurisdiction raised by the Licensee during a hearing regarding a Notice of Proposal to suspend its liquor licence.

The hearing had been adjourned sine die, and the Board ordered the motion to proceed on May 11-13, 2010, or alternatively, for the hearing to resume on those dates if the Licensee elected not to proceed with the motion.

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

The Licensee was ordered to provide a witness list and detailed summaries of evidence, and both parties were ordered to complete disclosure 10 days prior to the scheduled hearing.

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

The Board ordered mutual disclosure of witness lists, evidence summaries, and other materials ten days prior to the scheduled hearing date.

Following a finding that the licensee breached sections 43 and 45.2 of Ontario Regulation 719/90, the Board considered written submissions on the appropriate sanction.

Noting the seriousness of the breaches, the licensee's lack of control over the premises, and a prior record of similar infractions, the Board ordered an 18-day suspension of the liquor licence.

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

The Licensee was ordered to provide a witness list, evidence summaries, and a specific landlord's letter ten days prior to the scheduled hearing.

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

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposed Order to suspend the lottery retailer and break open ticket seller registration of the Registrants, who operate a convenience store.

The suspension was proposed after one of the co-owners was convicted under the Criminal Code for keeping an illegal gambling machine (a Lucky 8 Line machine) on the premises.

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

The tribunal accepted the joint submission, ordering a 30-day suspension of the registration and imposing conditions requiring the Registrants to report any future charges or convictions and to ensure no unlicensed gaming machines are permitted on the premises.

The Registrar issued a Notice of Proposal to refuse a liquor licence application by the corporate applicant for a winery tied house.

The Registrar alleged the applicant's principal made false statements on the application by failing to disclose outstanding criminal charges, and that his past conduct, including recent criminal convictions for harassment and assault, raised public safety concerns.

The Board found that the applicant made a false statement on the application contrary to section 6(2)(e) of the Liquor Licence Act, which leaves the Board with no discretion but to refuse the licence.

The Board also found that the applicant's conduct afforded reasonable grounds to believe the business would not be carried on in accordance with the law and with integrity and honesty under section 6(2)(d).

The application for a liquor licence was refused.

Following a finding that the licensee violated section 43 of Ontario Regulation 719/90, the Board ordered an 18-day suspension of its liquor licence.

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

The Board ordered the suspension to commence on April 5, 2010, and continue until April 23, 2010.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of The Drink for 14 days, alleging violations of the Liquor Licence Act and its regulations.

The allegations stemmed from incidents where underage patrons gained entry using false identification, consumed alcohol, and were involved in a violent altercation where a glass was thrown.

The Board found that the Licensee breached s. 30(4) of the Act by permitting minors to consume liquor, and s. 41(1) of the Regulation by failing to inspect identification before serving them.

However, the Board declined to find a violation of s. 45(1) regarding permitting violent conduct, as the altercation happened suddenly and staff responded appropriately by ejecting the patrons.

Following a hearing, the Board previously found that the Licensee violated section 29 of Ontario Regulation 719/90 and ordered a 12-day suspension of its liquor licence.

The Board requested the Licensee to propose suspension dates.

The Licensee proposed dates that were acceptable to the Board.

The Board ordered the 12-day suspension to commence on April 30, 2010.

Following a finding that the licensee contravened section 45.1 of O.Reg. 719/90 by failing to deter disorderly conduct and control a crowd of patrons exiting the establishment, the Board held a hearing on sanction.

The Registrar sought a 30-day suspension, while the licensee argued for a suspension of no more than seven days.

The Board considered the seriousness of the incident, which required 15 police officers to quell, the licensee's recent history of non-compliance, and the lack of evidence regarding remedial measures.

Balancing these factors with the dismissal of a second allegation, the Board ordered an 18-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 for permitting drunkenness, contrary to s. 45(1) of Ontario Regulation 719/90.

The parties submitted an Agreed Statement of Facts acknowledging that an intoxicated patron was asked to leave and attempted to drive away, leading staff to call the police.

The Board accepted the joint submission and ordered a 10-day suspension of the liquor licence.

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

The parties submitted an Agreed Statement of Facts acknowledging that a patron consumed a substantial amount of liquor, became intoxicated, and drove away.

The Board accepted the joint submission and ordered a 21-day suspension of the liquor licence.

A pre-hearing tele-conference was held regarding a Notice of Proposal to revoke the liquor licence of C.G.'s Hideaway.

The hearing was adjourned to a date to be scheduled.

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

The Registrar issued a Notice of Proposal to refuse an application for a liquor sales licence by the applicants for their restaurant.

The matter was resolved when the Registrar withdrew the objections upon the applicants agreeing to specific conditions, including restricting one applicant's role to the kitchen and prohibiting his involvement in liquor sales or management.

The Board approved the application subject to the agreed conditions.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of Kentley Corp., operating as London Mansion.

The Board ordered mutual disclosure of witnesses and evidence summaries ten 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 suspend the respondent's liquor licence.

On consent of the parties, the Board ordered the scheduling of hearing dates and set deadlines for the mutual disclosure of witness lists, witness statements, and other evidence.

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

The licensee proposed suspension dates acceptable to the Board.

The Board ordered the suspension to commence on March 28, 2010.