Alcohol and Gaming Commission of Ontario

The applicant applied for a liquor licence for a deli.

The Registrar issued a Notice of Proposal to review the application after receiving a resident objection.

Following a hearing, the Board approved the application subject to conditions, including a capacity limit of 33 people, partitioning of the licensed area, and a prohibition on live or amplified music.

Reasons for the decision were to follow.

The Manager of Hearings for the Alcohol and Gaming Commission of Ontario issued a letter to correct a typographical error in paragraph 17 of the Board's June 17, 2011 decision regarding liquor licence number 810853.

The correction was made pursuant to Rule 2.6 of the AGCO Revised Rules of Practice.

The Registrar issued a Notice of Proposal to revoke the liquor licence of 1648287 Ontario Ltd. (Queen's Tavern) under the Liquor Licence Act.

Following a hearing, the Board agreed to revoke the licence effective June 30, 2011, unless the licensee paid all outstanding retail sales tax owed to the Ministry of Revenue and Finance by that date.

The Registrar's representative confirmed that the taxes were not paid.

Consequently, the Board issued a confirming order revoking the liquor licence.

The Registrar issued a Notice of Proposal to suspend the respondent's liquor licence for allegedly violating section 43 of Ontario Regulation 719/90 by permitting overcrowding.

Three inspectors attended the licensed premises in response to an anonymous complaint and conducted independent counts, finding between 56 and 58 patrons in an establishment with a licensed capacity of 30.

The respondent argued that they were not over capacity and that the inspectors' counts were improbable given the size of the premises.

The Board found the inspectors' evidence credible and consistent, concluding on a balance of probabilities that the premises was over its licensed capacity.

The Board found a violation of section 43 and invited written submissions on penalty.

Following a finding that the licensee breached subsection 45(1) of Ontario Regulation 719/90, the Board ordered a 10-day suspension of its liquor licence.

The licensee proposed acceptable suspension dates.

The Board ordered the suspension to commence on August 1, 2011, and conclude on August 11, 2011.

The Corporation of the Town of Smiths Falls applied for a liquor sales licence for the Smiths Falls Memorial Community Centre.

The Registrar issued a Notice of Proposal to review the application after receiving objections from TriCounty Addiction Services and a local resident.

Following a hearing, the Board approved the application, with reasons to follow.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the licensee's liquor licence following a fatal motor vehicle accident involving a patron who had attended a corporate Christmas party at the licensee's banquet hall.

Toxicology evidence established that the patron's blood alcohol concentration was more than twice the legal limit at the time of death.

However, witness testimony indicated that the patron did not exhibit visible signs of intoxication during the event, likely due to functional tolerance.

The Board dismissed the allegations, finding insufficient evidence that the licensee knew or ought to have known of the patron's drunkenness or that the patron appeared intoxicated when served.

The applicant applied for a liquor sales licence for a restaurant and nightclub.

The municipality objected, arguing that the licensed premises would not be in keeping with future revitalization plans for the downtown area.

The Board found that the municipality failed to provide independent evidence to support its position and that there were no grounds to disentitle the applicant.

The application was approved subject to conditions requested by the municipality.

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

During the hearing, it became evident that the Licensee had not received material disclosure.

The parties agreed to adjourn the hearing to allow the Licensee to review the disclosure.

The parties also agreed to lift an interim suspension order retroactively, subject to the addition of several conditions to the licence, including age restrictions for staff and identification checks for patrons.

The Board ordered the adjournment and lifted the interim suspension order on consent with the proposed conditions.

The Board previously ordered a 10-day suspension of the licensee's liquor licence.

The licensee appealed to the Divisional Court, which stayed the suspension pending the appeal.

The appeal was dismissed on April 5, 2011.

The Board issued an amended order setting the 10-day suspension to commence on August 28, 2011, based on dates proposed by the licensee.

Following a finding that the licensee permitted an intoxicated patron on its premises, the Board held a hearing to determine the appropriate sanction.

The patron had left the establishment highly intoxicated and was subsequently stopped by police for erratic driving with a blood alcohol level three times the legal limit.

The Registrar sought a 14-day suspension, while the licensee requested a warning based on its 14-year unblemished record.

Emphasizing specific and general deterrence, the Board ordered a 10-day suspension of the liquor licence.

The applicant applied for a liquor licence for a community hall.

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

At the hearing, the primary objector clarified that his concern was about the potential future transfer of the licence, not the current applicant.

After receiving an explanation of the transfer process, the objector withdrew his opposition.

The Board found that the application did not offend the public interest and approved the liquor licence.

The Board previously ordered a 10-day suspension of the Licensee's liquor licence and requested proposed suspension dates.

The Licensee did not submit dates.

The Registrar informed the Board that the licence had not been renewed and was cancelled.

The Board found that because the licence no longer exists, a suspension is moot.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the licensee's liquor licence for breaching a condition requiring the use of a metal detector on all entering patrons.

At the hearing, the parties presented an Agreed Statement of Facts in which the licensee admitted that security personnel failed to use a metal detector on December 18, 2010.

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

The applicant applied for a liquor licence for a sushi restaurant.

The City of Toronto and local residents objected due to concerns about noise, parking, and the concentration of licensed establishments in the area.

At the hearing, the applicant agreed to reduce the capacity from 328 to 140 persons and accepted 13 conditions proposed by the City and the resident objector, including restrictions on noise, food service, and future expansions.

Based on the applicant's cooperation and the agreed conditions, the objections were withdrawn and the Board approved the liquor licence.

The City of Toronto requested party status in a hearing regarding an application by 2274330 Ontario Inc. for a liquor sales licence.

The Registrar and the Applicant did not oppose the request.

The Board granted the City of Toronto party status and ordered disclosure of witness lists and evidence summaries ten days before the hearing.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent establishment for allegedly permitting a minor to consume alcohol on the premises.

During a multi-agency inspection, an 18-year-old patron was observed consuming beer from a pitcher purchased by his friends.

The patron had presented his identification to security, who allowed him to enter despite being underage.

The Board found that the Licensee knew or ought to have known that the minor was consuming alcohol, given the proximity of the table to the bar and the fact that security was aware of his age.

The Board concluded that the Licensee contravened subsection 30(4) of the Liquor Licence Act and invited submissions on penalty.

The Licensee appealed an Order of Monetary Penalty of $2,500 issued for allegedly exceeding the licensed capacity of its patio, contrary to section 43 of Ontario Regulation 719/90.

During a street festival and following a World Cup soccer game, AGCO inspectors counted 39 persons on a patio licensed for 25.

The Licensee argued the overcrowding was an uncontrollable result of the crowded street preventing patrons from leaving.

The Board rejected this defence, finding the situation foreseeable and that the Licensee failed to take reasonable steps to control the exit or move patrons back inside.

The appeal was dismissed and the penalty upheld.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to revoke the liquor licence of the Licensee, operating as Island Jerk Restaurant, alleging multiple violations of the Liquor Licence Act and its regulations, primarily related to the use of a caterer's endorsement at a separate banquet hall.

The Board found that the Licensee failed to provide required notices for catered events, promoted an event contrary to regulations, and failed to maintain control over the premises during a violent incident.

However, the Board dismissed allegations of permitting disorderly conduct, failing to deter disorderly conduct outside the premises, and obstructing an inspection, noting that police were conducting a criminal investigation rather than a liquor licence inspection.

The Board also dismissed the allegation that the Licensee's conduct afforded reasonable grounds to believe the business would not be carried on in accordance with the law, as the issues pertained to the caterer's endorsement rather than the primary licensed premises.

The Registrar issued a Notice of Proposal to revoke the liquor licence of Colonel Mustard's Pub and Deli.

The principal of the corporate licensee, while managing another establishment, assaulted an AGCO inspector, attempted to bribe him, destroyed evidence, and uttered death threats, leading to criminal convictions.

The Board found that this conduct provided reasonable grounds to conclude the licensee would not carry on business in accordance with the law and with integrity and honesty.

The liquor licence was immediately revoked.