James Gregory Wigmore

The Registrar of the Alcohol and Gaming Commission of Ontario sought to suspend a liquor licence following an incident where a patron left the establishment and was subsequently arrested for impaired driving with a blood alcohol concentration nearly three times the legal limit.

The Licensee admitted to serving liquor outside prescribed hours.

The Board found insufficient evidence that the patron appeared intoxicated when initially served, dismissing the allegation under section 29 of the Liquor Licence Act.

However, the Board found the Licensee breached subsection 45(1) of O.Reg 719/90 by permitting drunkenness on the premises, as the patron consumed a large quantity of alcohol over two hours without any staff monitoring or intervention, and would have shown obvious signs of intoxication well before leaving.