Alcohol and Gaming Commission of Ontario

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 alleged violations of the Liquor Licence Act regulations.

The allegations included overcrowding on the licensed patio and permitting patrons to remove liquor from the premises.

The Board found that the patio was overcrowded on two occasions, as the number of people physically present exceeded the capacity of nine, even if some were transitory.

The Board also found that the licensee permitted two patrons to remove beer from the licensed patio.

The Board concluded that the licensee violated section 43 and subsection 34(1) of the regulations and invited written submissions on penalty.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the respondent's liquor delivery service license for contravening record-keeping requirements.

An inspector found that nine delivery receipts from a single day lacked the driver's name and the date.

The respondent admitted the contravention but argued it was the fault of a disgruntled former employee and requested no suspension.

The tribunal found the contravention occurred but determined the Registrar's proposed 5-to-7 day suspension was too severe given the isolated nature of the incident.

A one-day suspension was ordered.

Following a finding that the licensee breached section 43 and subsection 45(2) of Ontario Regulation 719/90, the Board previously ordered a 15-day suspension of its liquor licence.

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

The Board ordered the 15-day suspension to commence on April 1, 2009.

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

An AGCO inspector and a police officer observed a patron exhibiting clear signs of intoxication enter the establishment, purchase a beer, and consume it before being removed by the owner and arrested outside.

The Board found that the patron was intoxicated, that the bartender supplied him with a beer, and that the Licensee failed to prevent or deter drunkenness on the premises.

The Board concluded that the Licensee violated section 29 of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90.

The Board previously found the licensee, 1707417 Ontario Inc. operating as PHO SO 6, in violation of the Liquor Licence Act and its regulations, and ordered a 25-day suspension of its liquor licence.

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

The Board ordered the 25-day suspension to commence on February 16, 2009, and continue until March 13, 2009.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the Licensee's liquor licence for allegedly serving an intoxicated patron and permitting drunkenness on the premises.

AGCO inspectors observed a patron exhibiting clear signs of intoxication being served beer by an inexperienced bartender.

The Board found the inspectors' evidence credible and rejected the Licensee's explanations that the patron's symptoms were due to diabetes or physical obstacles.

The Board concluded that the Licensee violated section 29 of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90, and requested written submissions on penalty.

The Registrar issued a Notice of Proposal to revoke the Licensee's ferment on premise licence on the basis that the business had ceased to operate and the licence had not been surrendered, contrary to subsection 15(4) of Ontario Regulation 58/00.

The Licensee failed to attend the hearing despite being properly served, and the hearing proceeded ex parte.

The Board accepted the evidence of an AGCO Inspector that the premises were abandoned, dirty, and unoccupied.

The Board found the Licensee violated the regulation and ordered the immediate revocation of the licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued Notices of Proposal to suspend the respondent's liquor licence due to noise disturbances and the licensee being intoxicated on the premises.

Following an Agreed Statement of Facts and a Joint Submission on Disposition, the Board found the licensee breached sections 45(1) and 46 of O. Reg. 719/90.

The Board ordered a 12-day suspension of the liquor licence and added conditions prohibiting temporary extensions and requiring industrial waste containers for garbage.

The Registrar of the Alcohol and Gaming Commission of Ontario ordered an interim suspension of the respondent's liquor licence in the interest of public safety.

Following a hearing, the Board ordered that the interim suspension be rescinded subject to the licensee meeting several strict security conditions.

These conditions included maintaining a functional video surveillance system, requiring all patrons to pass through a metal detector, conducting security sweeps, and adhering to entertainment establishment standards.

Following a finding that the licensee contravened subsection 45(1) of Ontario Regulation 719/90, the Board previously ordered a 25-day suspension of the liquor licence and requested the licensee propose suspension dates.

The licensee proposed acceptable dates, and the Board ordered the suspension to commence on April 19, 2009.

Following a finding that the Licensee violated the Liquor Licence Act regulations regarding patron safety and security, the Board determined the appropriate sanction.

The Registrar sought a 10-day suspension, while the Licensee argued for 5 days, citing its unblemished record and subsequent remedial actions.

The Board ordered a 7-day suspension of the liquor licence, balancing the seriousness of the breach with the Licensee's lack of prior infractions and proactive steps to improve security.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence for allowing staff to consume liquor after hours and refusing entry to inspectors.

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

The Board found the licensee breached the Liquor Licence Act and regulations.

The Board ordered a 14-day suspension but stayed its imposition because the licensee had sold the business and showed remorse.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the Lobby Lounge and Restaurant for alleged violations of capacity limits under section 43 of O.Reg 719/90.

AGCO inspectors testified that on two separate dates, the main floor of the establishment was significantly overcrowded, exceeding its licensed capacity of 171 patrons.

The Licensee argued that the overcrowding was temporary and caused by patrons exiting a basement party through the main floor.

The Board rejected the Licensee's explanation, finding that the inspectors observed no such movement and that maintaining capacity limits is the Licensee's responsibility.

The Board found the Licensee violated section 43 of the regulation.

Following a finding that the licensee violated subsection 30(4) of the Liquor Licence Act by failing to prevent a minor from consuming alcohol on the premises, the Board received written submissions on sanction.

The Registrar sought a 7 to 10-day suspension, noting a prior infraction, while the licensee requested a 3-day suspension.

The Board emphasized the licensee's responsibility to monitor all patrons and ensure alcohol is not provided to minors by others.

The Board ordered a 7-day suspension of the liquor licence.

Following a finding that the licensee contravened the Liquor Licence Act regulations, the Board ordered a 12-day suspension of the liquor licence.

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

The Board ordered the suspension to commence on February 28, 2009.

The Board previously found that the Licensee, Hejin Lee operating as Sam's Pub, violated subsections 31(1)(c) and 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.

Following a decision ordering an 18-day suspension of the liquor licence, the Licensee proposed acceptable suspension dates.

The Board ordered the liquor licence suspended for 18 consecutive days commencing February 6, 2009.

The Registrar sought to revoke the liquor licence of Remedy Nightclub following findings that the licensee permitted overcrowding, drunkenness, and minors to consume alcohol.

The licensee admitted to overcrowding but disputed the extent, and proposed a plan to prevent future occurrences.

The Board declined to revoke the licence, instead ordering a 92-day suspension and imposing strict conditions, including a ban on patrons under 19 and mandatory mechanical capacity counting.

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

Following undercover and routine inspections, inspectors observed multiple intoxicated patrons being served alcohol and permitted to remain on the premises.

Additionally, the establishment's outdoor patio was found to be operating over its licensed capacity on two occasions.

The Board found that the licensee breached the Act and regulations by permitting drunkenness, serving intoxicated patrons, and exceeding capacity limits.

The Board previously found that the Licensee breached subsection 45(1) of Ontario Regulation 719/90 and ordered a 10-day suspension of its liquor licence.

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

The Board ordered the liquor licence suspended for 10 consecutive days commencing February 7, 2009.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Mingal's Restaurant & Bar for alleged violations of the Liquor Licence Act regulations, including failing to clear signs of service by 2:45 a.m., serving liquor after 2:00 a.m., and permitting drunkenness.

Following a hearing, the Board found that the evidence of the AGCO inspectors was credible and established that all three violations occurred.

The Board invited written submissions on penalty.