The Registrar of the Alcohol and Gaming Commission of Ontario imposed a $6,000 monetary penalty on the applicant licensee for allegedly permitting drunkenness and failing to ensure reasonable measures regarding disorderly conduct.
The Registrar abandoned the disorderly conduct allegation at the hearing.
The Tribunal found that while a patron was intoxicated outside the bar, there was no evidence regarding her state or interaction with staff while inside the premises.
Applying the test from 1213963 Ontario Ltd., the Tribunal concluded there was insufficient evidence that the licensee knew or ought to have known of the drunkenness.
The monetary penalty was set aside.
