Donald Orazietti

The Registrar sought a 14-day suspension of the licensee's liquor licence after the Board found the licensee violated subsection 45(1) of Ontario Regulation 719/90 by permitting two intoxicated patrons on the premises.

The licensee argued for a 3-day suspension.

Considering principles of specific and general deterrence, as well as the licensee's proactive measures to bar unruly patrons and lack of prior suspensions, the Board imposed a 5-day suspension.

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

Following an inspection, AGCO inspectors observed four patrons exhibiting signs of intoxication.

The Board found that two of the patrons were intoxicated and that the licensee permitted them to be drunk on the premises, as they were observed drinking alcohol over a sufficient period for staff to notice their condition.

The allegation regarding a third patron was dismissed as staff had cut her off, and the fourth patron was found not to be intoxicated.

The Board concluded the licensee violated subsection 45(1) of Ontario Regulation 719/90 and requested submissions on penalty.

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

The Licensee and the Registrar were ordered to disclose witness lists, witness statements, and other required materials ten days prior to the scheduled hearing date.