J. Randall Barrs

The appellant appealed an Order of Monetary Penalty of $1,000 issued by the Registrar for exceeding the indoor capacity of its licensed premises.

An inspector counted 205 persons in an area licensed for 112 persons.

The Tribunal accepted the inspector's evidence over the appellant's witnesses, finding the Registrar established the contravention on a balance of probabilities.

The monetary penalty was confirmed.

The Registrar of Alcohol and Gaming imposed a $2,000 monetary penalty on the appellant licensee for permitting an intoxicated patron on the premises, contrary to section 45(1) of Regulation 719 under the Liquor Licence Act.

Two undercover inspectors observed a patron displaying clear signs of intoxication, including slurred speech, unsteadiness, and unusual behavior with servers.

The Licence Appeal Tribunal preferred the independent evidence of the inspectors over the appellant's employees and security video.

The Tribunal found that the patron was drunk and the servers knew or ought to have known of his condition, thereby confirming the monetary penalty.

The Registrar of Alcohol and Gaming issued a Notice of Proposal to suspend the appellant's liquor licence for 45 days due to two alleged incidents of overcrowding.

The appellant appealed to the Licence Appeal Tribunal.

The Tribunal heard evidence from inspectors who used manual counters to determine the premises were over capacity on both dates.

The appellant argued the inspectors' counting method was unreliable and that its own door counts were accurate.

The Tribunal accepted the uncontradicted evidence of the inspectors, finding the appellant breached s. 43 of Regulation 719 on both occasions.

The parties were directed to provide written submissions on the appropriate sanction.

The appellant appealed an Order of Monetary Penalty issued by the Registrar of Alcohol and Gaming for permitting an underage patron to have alcohol and permitting drunkenness on the premises.

The Tribunal held that the defence of due diligence is not available for the underage drinking offence under section 30(4) of the Liquor Licence Act, confirming the $2,500 penalty.

However, the Tribunal found that the appellant did not permit drunkenness under section 45(1) of the Regulation, as staff acted with reasonable dispatch upon observing signs of intoxication, and set aside the $1,500 penalty.

The applicant appealed a Notice of Proposal by the Registrar of Alcohol and Gaming to suspend its liquor licence for 14 days for permitting drunkenness on its premises.

The applicant argued the patron in question was not intoxicated but was suffering from diabetes.

The Licence Appeal Tribunal found the testimony of the Registrar's inspectors and police officers regarding the patron's signs of intoxication to be more credible than the applicant's witness.

The Tribunal drew an adverse inference against the applicant for failing to call the patron to testify or provide medical evidence of his diabetes.

The Tribunal concluded the applicant permitted drunkenness and directed the Registrar to carry out the 14-day suspension.

The Applicant appealed a Notice of Proposal to suspend its liquor licence for 14 days.

The Tribunal previously found the Applicant breached capacity limits but not rules regarding disorderly conduct.

The Registrar sought a 10-12 day suspension, while the Applicant requested a warning.

Considering the public safety risk of overcrowding and the Applicant's prior good record, the Tribunal ordered a 6-day suspension.

The Manager of Hearings for the Alcohol and Gaming Commission of Ontario issued a letter to correct a typographical error in paragraph 17 of the Board's June 17, 2011 decision regarding liquor licence number 810853.

The correction was made pursuant to Rule 2.6 of the AGCO Revised Rules of Practice.

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 the licensee to disclose its witness list and evidence summaries to the Registrar ten days prior to the hearing.

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

The Registrar of the Alcohol and Gaming Commission of Ontario issued Notices of Proposal to suspend and refuse to transfer the respondent's liquor licence due to alleged violations of the Liquor Licence Act regulations.

The parties submitted an Agreed Statement of Facts admitting that drunken patrons were on the premises on three dates, violating s. 45(1) of O. Reg 719/90.

The Board accepted the joint submission on disposition, ordering a 14-day suspension of the liquor licence and the withdrawal of the remaining allegations and the proposal to refuse the licence transfer.