Alcohol and Gaming Commission of Ontario

The applicant applied for a liquor licence for a restaurant located in a city-owned riverfront park.

Resident objectors opposed the application, arguing that a licensed establishment in a public park would attract underage drinkers, set a negative precedent for commercialization, and be contrary to the public interest under s. 6(2)(h) of the Liquor Licence Act.

The Board found that the objectors' concerns were speculative and that the city supported the application and retained control over the lease.

The Board concluded the objectors failed to satisfy their onus to prove the licence was not in the public interest and approved the application.

The Board previously found that the licensee breached subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act and ordered an 18-day suspension of its liquor licence.

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

The Board ordered the liquor licence suspended for 18 consecutive days from August 20, 2007, to September 7, 2007.

At a pre-hearing conference regarding a Notice of Proposal to suspend the liquor licence of Raxx Billiards & Bar, the Board ordered the corporate licensee to disclose its witness list and evidence summaries to the Registrar 10 days before the hearing.

The Registrar was also ordered to complete any further disclosure 10 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.

The parties submitted an Agreed Statement of Facts admitting that the person in charge was intoxicated and that signs of service were not cleared by 3:05 a.m., in violation of O. Reg. 719/90.

The Board accepted the Joint Submission on Disposition and ordered a 10-day suspension of the liquor licence.

Following a pre-hearing teleconference regarding a Notice of Proposal to suspend a liquor licence, the Board of the Alcohol and Gaming Commission of Ontario ordered mutual disclosure.

The corporate licensee and the Registrar's Representative were ordered to disclose witness lists, evidence summaries, and any further disclosure pursuant to Rule 7 of the AGCO Rules of Practice at least ten days before the scheduled hearing.

The Alcohol and Gaming Commission of Ontario previously found that the licensee breached subsection 45(2) of the Liquor Licence Act and ordered a 10-day suspension.

The licensee proposed acceptable dates.

The Board ordered the suspension to commence on September 11, 2007.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to revoke the liquor licence of West Side B.B.Q. Restaurant.

The City of Toronto intervened in support of the revocation.

The Board heard evidence from police and community members regarding open drug trafficking, intoxicated patrons, and the negative impact of the establishment on the neighbourhood.

The Board found that the licensee permitted drug trafficking and drunkenness on the premises, and kept liquor not purchased under licence.

Concluding that the licence was not in the public interest, the Board ordered its immediate revocation.

The Alcohol and Gaming Commission of Ontario held a pre-hearing conference regarding a proposal to suspend the liquor licence of Ocean Sports Bar & Grill.

The licensee failed to attend.

The Board ordered the licensee to provide witness lists and summaries, and both parties to complete disclosure ten days prior to the scheduled hearing.

At a pre-hearing conference regarding a Notice of Proposal to suspend the liquor licence of Urban Steakhouse and Lounge, the Board ordered the corporate licensee to disclose its witness list and evidence summaries to the Registrar 10 days before the scheduled hearing.

The Registrar was also ordered to complete any further disclosure 10 days before the hearing.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend and revoke the liquor licence of Republik Nightclub.

The parties submitted an Agreed Statement of Facts admitting that a manager sold cocaine to undercover police officers on the premises, and that drunken patrons were permitted on the premises.

Based on a Joint Submission on Disposition, the Board ordered a 45-day suspension of the liquor licence.

The applicant applied for a liquor licence for a restaurant located at a premises with a history of drug dealing, prostitution, and violence under a previous owner.

The City of Toronto and local residents opposed the application, arguing that granting a licence would attract the same criminal elements that had plagued the area before the previous licence was revoked.

The Board found that the applicant lacked the experience to control the anticipated problematic clientele.

Concluding that issuing the licence was against the public interest having regard to the needs and wishes of the residents, the Board refused the application under s. 6(2)(h) of the Liquor Licence Act.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to review a liquor licence application by 1708432 Ontario Inc. for the Allegro Café.

The Registrar alleged that the applicant's sole shareholder was fronting for an individual with a past conviction for keeping a gaming house, and that false statements were made on the application.

The Board found insufficient evidence to establish that the applicant was a front or lacked the necessary integrity to operate the establishment.

The Board approved the liquor licence subject to conditions restricting the involvement of the individual with the past conviction.

The Registrar of the Alcohol and Gaming Commission of Ontario issued Notices of Proposal to suspend the liquor licence of Club Menage Inc. for alleged violations of the Liquor Licence Act, including overcrowding and permitting intoxicated patrons.

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

The Board accepted the joint submission and ordered a 35-day suspension of the liquor licence.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of the corporate licensee.

The Board ordered both the corporate licensee and the Registrar to provide mutual disclosure, including witness lists and evidence summaries, at least ten days prior to the scheduled hearing.

Following a finding that the licensee violated subsection 45(1) of Ontario Regulation 719/90 by permitting drunkenness on the premises, the Board considered written submissions on sanction.

The Registrar sought a 28-day suspension based on the licensee's prior disciplinary record, while the licensee sought a 7-day suspension, noting the patron was merely sleeping.

The Board found that a 7-day suspension would not serve specific and general deterrence given the licensee's history of similar violations, but considered 28 days too harsh.

An 18-day suspension was ordered.

Following a pre-hearing conference regarding a Notice of Proposal to suspend the liquor licence of Crabby Mals, the Board of the Alcohol and Gaming Commission of Ontario ordered mutual disclosure.

The corporate licensee and the Registrar were ordered to disclose witness lists, evidence summaries, and any further disclosure pursuant to Rule 7 of the AGCO Rules of Practice at least 10 days before the scheduled hearing date.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the respondent's liquor licence due to significant arrears in remitting Retail Sales Tax.

The respondent admitted to owing over $60,000 to the Ministry of Revenue and failing to honour multiple payment plans, citing personal financial difficulties following her father's death.

The Board found the respondent in breach of section 6 of the Liquor Licence Act.

Despite significant reservations, the Board ordered the licence revoked effective August 31, 2007, unless the respondent paid all outstanding debts and submitted all delinquent filings by that date.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent motor hotel for alleged violations of the Liquor Licence Act and its regulations.

Following a hearing, the Board found that the licensee violated section 29 of the Act by serving alcohol to intoxicated patrons and section 45(1) of the regulations by permitting drunkenness and disorderly conduct on the premises.

The Board invited written submissions on penalty.

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 exceeding the licensed capacity of its patio, contrary to section 43 of O.Reg 719/90.

An inspector testified that he counted 26 to 29 patrons on a patio licensed for 18, while the respondent's doorman testified there were only 12 patrons after some were removed.

The Board preferred the inspector's evidence, noting that the removal of patrons corroborated the patio being over capacity.

The Board found the respondent violated section 43 and invited written submissions on penalty.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor delivery service licence of the licensee for delivering liquor to a place other than a residence and failing to properly complete liquor delivery receipts.

At the hearing, the parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition.

The Board accepted the joint submission, finding that the licensee breached sections 15.4 and 15.5 of Ontario Regulation 718/90.

The Board ordered the licensee's liquor licence suspended for 21 consecutive days.