Alcohol and Gaming Commission of Ontario

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

Following inspections on multiple dates, inspectors observed several intoxicated patrons and an underage individual who had consumed alcohol on the premises.

The Board found the licensee in breach of permitting drunkenness and selling liquor to an intoxicated person, as well as permitting a minor to consume liquor.

Allegations of selling liquor directly to the minor were dismissed due to insufficient evidence.

The Board invited written submissions on penalty.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the registration of a lottery retailer after its sole director was charged under the Copyright Act for offering pirated DVDs for sale.

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

The Board found the director did not act with honesty, integrity, and in accordance with the law, and ordered a 10-day suspension of the registration along with specific conditions.

The Registrar issued a Notice of Proposed Order to refuse the registration of the applicant as a lottery retailer under the Gaming Control Act, 1992.

The applicant had failed to disclose three prior convictions for theft on his application form, claiming he did not understand the meaning of the word 'conviction' and was embarrassed to admit them in front of his landlord.

The Board found the applicant's explanations lacked credibility and that he had deliberately lied on the application.

Concluding that the applicant lacked the necessary honesty and integrity to operate as a gaming supplier, the Board upheld the Notice of Proposed Order and refused the registration.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the licensee's liquor licence for failing to remit over $100,000 in 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 and ordered the liquor licence revoked effective May 31, 2011, unless the outstanding tax debt was paid in full before that date.

The Board of the Alcohol and Gaming Commission of Ontario held a pre-hearing conference regarding a Notice of Proposal to revoke the ferment on premise licence of Cooks Bay Fine Wines Inc. The Board ordered both the Licensee and the Registrar to provide mutual disclosure, including witness lists and evidence summaries, at least 10 days prior to the scheduled hearing date.

At a pre-hearing conference regarding Notices of Proposal to suspend a liquor licence, the Board of the Alcohol and Gaming Commission of Ontario issued a procedural order.

The licensee was ordered to disclose its witness list and evidence summaries 10 days before the hearing, and the Registrar was ordered to complete any further disclosure by the same deadline.

The Registrar of the Alcohol and Gaming Commission of Ontario sought an adjournment of a hearing regarding the revocation of the registrant's gaming assistant registration.

The adjournment was requested because related criminal charges against the registrant were expected to be resolved shortly, which could impact the Registrar's position.

The registrant consented to the adjournment.

The Board granted the adjournment and ordered that the panel remain seized of the matter.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to refuse the transfer of a liquor licence to the applicant due to an outstanding retail sales tax audit of $57,271.83.

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

The Board found that the applicant breached the Liquor Licence Act by failing to remit collected retail sales tax.

The Board ordered that the transfer application be approved on the condition that the applicant remit $5,000 to the Ministry of Revenue and execute a Memorandum of Understanding regarding the outstanding tax.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent establishment, alleging a violation of subsection 45(1) of Ontario Regulation 719/90 for permitting drunkenness.

The allegations stemmed from a police visit to the premises following a domestic dispute call, where officers observed two individuals outside the establishment who appeared intoxicated.

The Board found that the police evidence was inconsistent and lacked detailed investigation, as officers did not enter the premises or observe alcohol consumption.

The Board accepted the respondent's evidence that the individuals had consumed minimal alcohol and that health issues may have contributed to signs of intoxication.

The Board concluded that the Registrar failed to prove on a balance of probabilities that the individuals were intoxicated in the licensed premises or that the licensee permitted drunkenness.

The allegations were dismissed.

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

The Registrar issued a Notice of Proposal to review the application due to community objections.

At the hearing, the applicant testified about the nature of the business, while none of the objectors appeared to provide evidence.

The Board found no evidence that granting the application would be contrary to the public interest and approved the liquor licence.

The Registrar's representative noted a transcription error in a previous Board order regarding the suspension of Dragon's Den's liquor licence.

The Manager of the Hearings Department issued a correction pursuant to Rule 2.6 of the AGCO Revised Rules of Practice, amending the dates of the 14-day licence suspension.

The Manager of the Hearings Department issued a letter correcting a typographical error in a previous decision dated March 11, 2011, regarding the suspension of a liquor licence for Coconuts Restaurant & Lounge.

Pursuant to Rule 2.6 of the AGCO Revised Rules of Practice, the decision was amended to reflect the correct suspension dates.

The Alcohol and Gaming Commission of Ontario issued a letter correcting a transcription error in a previous decision dated March 28, 2011, regarding Burwell's Cove Restaurant & Bar.

Pursuant to Rule 2.6 of the AGCO Revised Rules of Practice, the order was corrected to include findings that the licensee contravened subsection 30(4) of the Liquor Licence Act and subsections 41(1) and 45(1) of the regulations.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend and revoke the licensee's liquor licence, along with an interim suspension order.

Following a hearing, the Board ordered the interim suspension lifted subject to several conditions, including the installation of cameras and maintenance of an occurrence book.

Having found violations of the Liquor Licence Act and its regulations, the Board ordered a 14-day suspension of the licence.

The Licensee appealed an Order of Monetary Penalty issued by the Registrar for allegedly permitting drunkenness on its premises, contrary to s. 45(1) of O. Reg. 719/90 under the Liquor Licence Act.

During an inspection, AGCO inspectors observed four patrons displaying signs of intoxication.

The Board found that while there was evidence some patrons may have been intoxicated, the Registrar failed to prove on a balance of probabilities that the Licensee 'permitted' the drunkenness.

There was insufficient evidence regarding how long the patrons had been on the premises or whether the Licensee failed to take reasonable steps to effect their departure within a reasonable time.

The alleged violations were dismissed and the $4,000 monetary penalty was set aside.

The Board previously found that the Licensee breached the Liquor Licence Act regulations and ordered a 6-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 May 19, 2011.

The Board previously found the Licensee breached section 29 of Ontario Regulation 719/90 and ordered a 7-day suspension of its liquor licence.

The Licensee proposed acceptable suspension dates.

The Board ordered the suspension to commence on April 26, 2011.

The Licensee was previously found to have contravened the Liquor Licence Act by permitting drunkenness and serving liquor outside prescribed hours.

A 20-year-old patron was served a 32 oz beer after 1:00 a.m., left the premises grossly intoxicated, and drove erratically with a blood alcohol level three times the legal limit.

The Board found the Licensee's conduct negligent and irresponsible, though noted its previous exemplary record as a mitigating factor.

The Board ordered a 15-day suspension of the liquor licence.

A pre-hearing tele-conference was held regarding a Notice of Proposal to revoke the liquor licence of Barking Fish Café & Sports Bar.

The Vice-Chair issued an order setting deadlines for both the licensee and the Registrar to disclose witness lists, summaries of evidence, expert reports, and other required documents ten days prior to the scheduled hearing date.

The applicant applied for a liquor sales licence for Pizzeria Defina.

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

Prior to the hearing, the applicant and the City of Toronto reached an agreement on conditions to be attached to the licence.

The Registrar took no position on the public interest merits.

The Board approved the application on consent, subject to conditions including restrictions on amplified sound, dance floors, and video games.