Alcohol and Gaming Commission of Ontario

The Registrar issued Notices of Proposal to suspend the liquor licence of ODA Restaurant Bar & Grill Inc. and to refuse to remove a condition on the licence.

The parties submitted an Agreed Statement of Facts acknowledging that an unauthorized person obtained and consumed liquor behind the bar, breaching s. 44(1) of Ontario Regulation 719/90.

The Board accepted the Joint Submission on Disposition, ordering a 3-day suspension of the liquor licence and amending the condition to prohibit persons under 19 years of age in the premises after 9:30 p.m.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the licensee for permitting a person under 19 years of age to consume liquor on the premises.

The parties submitted an Agreed Statement of Facts and Joint Submission on Disposition, admitting the breach of s. 30(4) of the Liquor Licence Act.

The Board accepted the joint submission and ordered a 10-day suspension of the liquor licence.

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

The Licensee proposed suspension dates acceptable to the Board.

The Board ordered the suspension to commence on November 28, 2007, and continue until December 1, 2007.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to revoke the liquor licence of a nightclub based on multiple alleged violations of the Liquor Licence Act and its regulations.

Following several undercover and routine inspections, inspectors observed intoxicated patrons, illegal drug use and trafficking, and the consumption of alcohol in an unlicensed outdoor smoking area.

The Board found that the smoking area was under the exclusive control of the Licensee and therefore part of the premises.

The Board concluded that the Licensee committed numerous violations of the regulations by permitting drunkenness, illegal drug activity, and alcohol in an unlicensed area.

The Board invited written submissions on penalty.

The licensee applied to remove a condition on its liquor licence requiring garage doors leading to outdoor areas to be closed at 11:00 p.m. daily.

The Registrar initially opposed the removal based on objections from local residents.

Prior to the conclusion of the hearing, the resident objectors and the Registrar agreed to withdraw their opposition on the condition that new, more specific restrictions be imposed.

The Board approved the application and attached the new conditions to the licence on consent.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence for permitting drunken patrons and serving intoxicated patrons.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition, admitting to breaches of the Liquor Licence Act and its regulations.

The Board accepted the joint submission and ordered a 40-day suspension of the liquor licence.

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

The parties submitted an Agreed Statement of Facts admitting to serving liquor after hours, serving an 18-year-old, and overcrowding the premises.

Based on a Joint Submission on Disposition, the Board ordered a 14-day suspension of the liquor licence.

The Alcohol and Gaming Commission of Ontario issued an amending order to correct a previous decision regarding the liquor licence of Escape Café on the River.

The original order failed to address the hours of service on Sunday.

The Board amended the order to state that the serving of alcohol must cease at 11 p.m. on Sunday through Thursday nights.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a proposal to suspend the liquor licence of Joe Buttinsky's Bar & Grill.

The Board ordered the licensee to disclose its witness list and evidence summaries 21 days before the hearing, and the Registrar to complete any further disclosure 10 days before the hearing.

The Alcohol and Gaming Commission of Ontario held a pre-hearing conference regarding a Notice of Proposal to suspend the liquor licence of Jenny's Café & Bar.

The licensee's representative failed to attend.

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

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Hotel Boutique Lounge Inc. based on alleged violations of the Liquor Licence Act and its regulations.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition, admitting that on December 16, 2006, there were two drunken patrons in the licensed premises, breaching s. 45(1) of O. Reg. 719/90.

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

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to refuse to renew the liquor delivery licence of the licensee.

The proposal was based on alleged violations of sections 6(2)(a), (d), and (e) of the Liquor Licence Act, stemming from the licensee's failure to disclose past criminal convictions and bankruptcies on his Personal History Reports.

The Board found that the licensee's significant past debt, recent criminal convictions for sexual assault, and admission to making false statements on his applications demonstrated a lack of financial responsibility, honesty, and integrity.

The Board concluded that the licensee violated the Act and ordered that the licence not be renewed.

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

The Registrar issued a Notice of Proposal to review the application, and local residents objected based on the negative history of the premises under previous licensees.

The tribunal found that the applicant had invested significantly to improve the premises and operate a respectable family restaurant.

The objectors failed to prove that issuing the licence was contrary to the public interest under s. 6(2)(h) of the Liquor Licence Act.

The tribunal ordered the licence to be issued, subject to conditions regarding security, lighting, and early cessation of alcohol service.

At a pre-hearing conference regarding a liquor licence application for Spice Route Restaurant, the City of Toronto and the King-Spadina Residents Association requested party status.

The Board of the Alcohol and Gaming Commission of Ontario granted party status to both entities for the upcoming hearing.

The applicant applied for additional indoor and outdoor licensed areas for its restaurant.

The City of Hamilton objected on the grounds that it would negatively impact a fragile neighbourhood, but failed to send a representative to the hearing.

A local resident also objected based on an incident with inebriated individuals outside the premises, but could not link them to the applicant's establishment.

The Board found that the applicant operated a thriving business with no history of complaints or police charges.

The Board concluded that the objectors failed to prove that granting the application would be contrary to the public interest and approved the application.

The applicant applied for a liquor licence for a proposed saloon and barber shop.

Local residents and the municipal councillor objected, citing concerns about noise, traffic, parking, and the character of the neighbourhood.

The Board found that the objectors' concerns were based on conjecture and noted that there were already larger licensed establishments in the area without issue.

The Board approved the application, subject to the applicant meeting all municipal licensing requirements.

The Registrar issued a Notice of Proposal to suspend the liquor licence of LJBD Incorporated operating as LOLA.

The parties submitted an Agreed Statement of Facts admitting to rats in the premises, a snake in a liquor bottle, and missing receipts.

The Board accepted the joint submission and ordered a 10-day suspension of the liquor licence, along with a condition prohibiting a former partner from involvement in the business.

The licensee requested an amendment to the dates of a 10-day liquor licence suspension previously ordered by the Board.

With the consent of the Registrar's representative, the Board granted the request and amended the suspension dates to commence on October 23, 2007, and end on November 2, 2007.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Kenricia Properties Inc. and an order to immediately suspend the licence.

At a hearing on October 4, 2007, the Board adjourned the matter to October 22, 2007.

The Board ordered the licensee to disclose its witness list and evidence summaries to the Registrar's Representative by October 17, 2007, and ordered the Registrar's Representative to complete any further disclosure by the same date.

The Board previously found that the licensee violated s. 45(1) of O. Reg. 719/90 by failing to prevent a patron from becoming drunk and failing to promptly remove them from the premises.

In this decision on sanction, the Registrar sought a 7 to 10 day suspension, while the licensee argued for a warning.

The Board emphasized the seriousness of drunkenness on licensed premises and the need for general and specific deterrence.

Noting the licensee's lack of prior adverse history, the Board ordered a three-day suspension of the liquor licence.