Alcohol and Gaming Commission of Ontario

The Board previously found that the Licensee violated subsection 45(2) of Ontario Regulation 719/90 and ordered a 10-day suspension of its liquor licence.

The Licensee proposed acceptable suspension dates.

The Board ordered the 10-day suspension to commence on January 6, 2010.

The Registrar requested an adjournment of the hearing due to the unforeseen absence of its scheduled representative.

The self-represented licensee objected, noting the inconvenience to his small business.

The Board granted the adjournment due to the unusual circumstances, but ordered that the new date be peremptory on the Registrar.

Following a finding that the licensee violated subsection 31(1)(c) of Ontario Regulation 719/90 under the Liquor Licence Act, the Board received written submissions on sanction.

Both the Registrar and the licensee agreed that the 24 days served during the interim suspension was sufficient disciplinary action.

The Board ordered a 24-day suspension, which was comprised of the time already served during the interim suspension, and maintained the previously imposed conditions on the licence.

Following a hearing and a decision finding that the registrant contravened the Gaming Control Act, 1992 and ordering a two-week suspension of her gaming assistant registration, the Board issued an order setting the specific dates for the suspension.

The suspension was ordered to commence on January 1, 2010, and continue until January 14, 2010, based on dates proposed by the registrant.

The Registrar issued a Notice of Proposal to revoke the liquor licence of Zucca Bar Inc. and an Order to immediately suspend it based on alleged violations of the Liquor Licence Act.

At the commencement of the hearing, the licensee voluntarily surrendered the licence.

The Board accepted the surrender and ordered that the interim suspension remain in effect until the formal surrender is received by the Registrar.

The Registrar sought a 30-day suspension of the Licensee's liquor licence following findings that the Licensee contravened sections 29 and 43 of O.Reg. 719/90 by exceeding capacity limits and failing to clear signs of consumption.

The Board found that the overcrowding violation was significant and part of a recent history of non-compliance, demonstrating a lack of due diligence.

However, the Board noted mitigating circumstances for the failure to clear signs of consumption.

The Board ordered a 24-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 a drunken patron in the establishment.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition, admitting the breach of section 45(1) of Ontario Regulation 719/90.

The Board accepted the joint submission and ordered a 7-day suspension of the liquor licence, noting a prior 5-day suspension for the same offence.

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

The Registrar sought a 30-day suspension, citing the licensee's prior disciplinary history, while the licensee proposed a warning.

The Board found that a warning was insufficient given the licensee's recent history of similar violations, but a 30-day suspension was too harsh as only one of the two alleged violations was proven.

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

Following a finding that the licensee breached conditions of its authorization and the Wine Content and Labelling Act, the Board ordered a 10-day suspension of its liquor licence.

The licensee proposed suspension dates over the holiday period, noting it is normally open for business on those days.

Over the Registrar's opposition, the Board accepted the proposed dates and ordered the suspension to run from December 25, 2009 to January 4, 2010.

The applicant applied to the Alcohol and Gaming Commission of Ontario to licence additional indoor and outdoor areas for its establishment.

The applicant withdrew the request for indoor seats and proceeded with the request for 10 outdoor seats.

Although written objections were received regarding noise and parking, the objectors did not attend the hearing.

The Board proceeded ex parte and approved the application for the additional outdoor seats, noting that the municipality had already reviewed and supported the patio application.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to revoke the licensee's liquor licence on the basis that the licensee failed to surrender it after ceasing to operate the business, contrary to section 56 of O. Reg. 719/90.

The licensee did not attend the hearing despite being served with notice.

The Board proceeded ex parte and found that the licensee was no longer in control of the premises, which had been leased to another party.

The Board ordered the liquor licence revoked.

The Registrar issued a Notice of Proposal to revoke the licensee's liquor licence due to approximately $20,000 in 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 licensee breached a condition of its licence.

The Board ordered that conditions be attached to the licence requiring the licensee to make all payments to the Ministry of Revenue and to surrender the liquor licence by January 10, 2010.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the licensee's liquor licence for permitting drunken patrons on the premises.

The parties submitted an Agreed Statement of Facts and Joint Submission on Disposition, admitting to violations of subsection 45(1) of Ontario Regulation 719/90.

The Board accepted the joint submission and ordered a 17-day suspension of the liquor licence.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence for allegedly permitting drunkenness on the premises.

An intoxicated patron, who claimed his symptoms were due to a recent concussion, was allowed entry into the establishment.

The Board refused to qualify the Licensee's proposed medical expert due to a lack of independence and relevant expertise, and denied a motion for a stay of proceedings.

The Board found that the patron exhibited clear signs of intoxication and that the Licensee knew or ought to have known of his condition, thereby violating subsection 45(1) of the regulation.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the respondent's liquor licence, alleging that the licensee permitted disorderly conduct and obstructed an inspection.

A patron claimed he was severely assaulted by other patrons in the establishment's karaoke room and parking lot.

Police found traces of blood in a different room using Luminol, but no visible blood or signs of a struggle.

The Board found the patron's testimony contradictory and lacked corroboration.

The Board concluded there was insufficient evidence that an assault occurred inside the premises or that the licensee cleaned up evidence to obstruct police.

The allegations were dismissed.

The applicant applied for a liquor sales licence for its premises.

The City of Toronto initially objected but reached an agreement with the applicant on a set of conditions.

The Alcohol and Gaming Commission of Ontario approved the application on consent, subject to conditions including security requirements, noise control, and operating hours.

The Registrar issued a Notice of Proposal to revoke the corporate licensee's liquor licence due to an outstanding Retail Sales Tax debt of over $75,000.

The Board found that the licensee had made no substantial attempts to pay down the debt since 2007, owed additional amounts for rent and GST, and had structured its bank accounts and assets in a way that prevented the Ministry of Revenue from garnishing revenues.

Concluding that the licensee could not reasonably be expected to be financially responsible in the conduct of its business, the Board ordered the immediate revocation of the liquor licence.

The Licensee appealed an Order of Monetary Penalty issued by the Registrar for allegedly permitting drunkenness on its premises.

Police officers arrested a highly intoxicated patron outside the establishment after observing him inside.

The Licensee argued the patron had only entered briefly to ask for a cigarette.

The Board rejected the Licensee's evidence, finding it implausible, and concluded the patron had been consuming alcohol at the establishment.

The Board held that the Licensee knew or ought to have known of the patron's intoxication, thereby permitting drunkenness in violation of the regulations.

The $750 monetary penalty was confirmed.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposed Order to suspend the registration of a gaming assistant due to past conduct and contraventions of the Gaming Control Act.

At the hearing, the Registrant admitted to the violations and agreed to a proposed sanction.

The Board ordered a two-week suspension of the registration and imposed a condition requiring the Registrant to submit an approved financial plan to repay her debts.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the respondent's liquor licence for permitting a drunken patron on the premises.

At the hearing, the parties presented an Agreed Statement of Facts admitting the violation of subsection 45(1) of Ontario Regulation 719/90, and a Joint Submission on Disposition.

The Board accepted the joint submission and ordered a 7-day suspension of the liquor licence.