Alcohol and Gaming Commission of Ontario

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

The Board ordered, on consent, that the hearing commence on May 6, 2010, and set deadlines for both the Registrar and the licensee to provide witness lists and complete disclosure ten days prior to the hearing.

The Registrar of the Alcohol and Gaming Commission of Ontario issued Notices of Proposal to suspend the respondent's liquor licence for exceeding lawful capacity and permitting a controlled substance on the premises.

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

The Board accepted the joint submission, finding the licensee breached the regulations, and ordered a 30-day suspension of the liquor licence along with a new condition requiring paid duty officers for large events.

The licensee sought an amendment to the dates of a previously ordered 14-day liquor licence suspension.

The Registrar did not oppose the request.

The Board ordered the suspension to commence on March 3, 2010, instead of March 1, 2010.

The applicants applied for a licence to represent a manufacturer under the Liquor Licence Act.

The Registrar issued a Notice of Proposal to refuse the licence based on the past conduct of one of the co-applicants, which included criminal convictions, numerous traffic violations, and outstanding financial debts.

The Board found that the co-applicant's long pattern of negative past conduct and failure to address outstanding debts raised a reasonable doubt about his ability to operate the business in accordance with the law and with integrity and honesty.

The application was denied.

The Alcohol and Gaming Commission of Ontario held a hearing to determine the appropriate sanction for a licensee found to have permitted violent conduct on its premises, in violation of subsection 45(1) of Ontario Regulation 719/90.

The incident involved bouncers assaulting a patron and management attempting to cover it up.

Considering the severity of the incident, the cover-up, and the licensee's history of previous breaches, the Board ordered an 18-day suspension of the liquor licence as a matter of specific and general deterrence.

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

The Licensee and the Registrar were ordered to disclose witness lists, witness statements, and other required materials ten days prior to the scheduled hearing date.

The applicant sought an additional outdoor capacity of 41 persons for its licensed premises.

Local residents objected, citing ongoing issues with noise, lighting, and patron behaviour in the parking lot.

At the hearing, the applicant clarified the details of the application and agreed to work with the residents to address their concerns.

The Board approved the application subject to conditions, including noise testing, adjusted lighting, and contracted police security.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding an appeal of an Order of Monetary Penalty issued to the licensee.

The Vice-Chair issued procedural directions ordering the licensee to provide written authorization for its representative and setting deadlines for mutual disclosure of witnesses and evidence prior to the scheduled hearing.

At a pre-hearing conference regarding a Notice of Proposal to revoke a liquor licence, the licensee requested an adjournment due to its representative's unavailability and ongoing disclosure issues.

The disclosure issues were resolved at the pre-hearing.

The Board granted the adjournment, ordering the hearing of evidence to be rescheduled to a date to be set, with a motion to be heard on the originally scheduled dates if required.

The Board of the Alcohol and Gaming Commission of Ontario held a pre-hearing tele-conference regarding a Notice of Proposal to suspend the liquor licence of Arena Entertainment Inc. The Board ordered, on consent, that the hearing proceed on March 23, 2010, and set deadlines for both parties to exchange witness lists, evidence summaries, and other disclosure ten days prior to the 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 Arena Entertainment Inc., operating as CIRCA.

The Board ordered the Licensee and the Registrar to provide mutual disclosure of witnesses and evidence summaries ten days prior to the scheduled hearing date.

Following a pre-hearing tele-conference regarding a Notice of Proposal to suspend a liquor licence, the Board of the Alcohol and Gaming Commission of Ontario ordered the licensee and the Registrar to exchange witness lists, evidence summaries, and further disclosure ten days prior to the scheduled hearing.

The Registrar issued a Notice of Proposal to revoke the Licensee's liquor licence.

The Licensee failed to attend the hearing, and the matter proceeded ex parte.

Evidence established that the Licensee had not made retail sales tax payments since 2007 and was in arrears of over $67,000.

The Board found that the Licensee could not reasonably be expected to be financially responsible in the conduct of its business and that there were reasonable grounds to believe the business would not be conducted in accordance with the law and with integrity and honesty.

The liquor licence was revoked.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence for allegedly permitting illegal gaming and drunkenness in the establishment.

An inspector observed a poker game and three patrons exhibiting signs of intoxication.

The Board found insufficient evidence that the poker game involved wagering or hazarding a stake, and therefore dismissed the illegal gaming allegation.

However, the Board accepted the inspector's evidence regarding the three patrons and found that the Licensee permitted drunkenness in violation of the regulations.

Following a finding that the Licensee breached the Liquor Licence Act and its regulations by permitting a large disturbance and serving a minor who was subsequently injured, the Board considered the appropriate sanction.

The Registrar sought a 12-day suspension, while the Licensee requested a minimum sentence due to remedial actions taken.

The Board ordered a 7-day suspension of the liquor licence, noting the seriousness of the incident but acknowledging the Licensee's lack of prior record and remedial efforts.

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 and exceeding lawful capacity.

The parties submitted an Agreed Statement of Facts admitting the violations and a Joint Submission on Disposition proposing a 21-day suspension.

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

The Hearings Department of the Alcohol and Gaming Commission of Ontario issued a letter to correct a clerical error in a previous Order.

Pursuant to Rule 2.6 of the AGCO Revised Rules of Practice, the Order was corrected to include the omitted issue date of February 12, 2010.

Following a finding that the licensee violated section 29 of Ontario Regulation 719/90 under the Liquor Licence Act by failing to clear signs of service and consumption within 45 minutes after the end of the service period, the Board considered the appropriate sanction.

The Registrar sought a 30-day suspension based on the licensee's prior disciplinary history, while the licensee argued for a 7-day suspension, noting the current infraction was less serious than past ones and citing economic hardship.

The Board rejected economic factors as irrelevant but agreed the current infraction did not raise the same public safety concerns as past violations.

Applying progressive discipline, the Board ordered a 12-day suspension.

Following a hearing, the Board found the Licensee in violation of section 29 and subsection 25(1) of Ontario Regulation 719/90 and ordered a five-day suspension of its liquor licence.

The Licensee proposed suspension dates that were acceptable to the Board.

The Board ordered the five-day suspension to commence on March 6, 2010.

Following a finding that the licensee contravened the Liquor Licence Act and a subsequent order for a 12-day suspension, the Board issued an order setting the specific dates for the suspension of the liquor licence.

The suspension was ordered to run for 12 consecutive days from March 31, 2010, to April 12, 2010.