3 total
Monetary penalty confirmed for liquor licensee found operating over its licensed capacity.
The applicant licensee appealed an Order of Monetary Penalty issued by the Registrar of Alcohol and Gaming for exceeding the capacity of its licensed premises.
AGCO inspectors counted 127 and 131 patrons inside the establishment, which had a licensed interior capacity of 100.
The licensee argued its own security staff counted fewer than 90 patrons, but the Tribunal found this evidence lacked credibility.
The Tribunal concluded the Registrar proved the over-capacity allegation on a balance of probabilities and confirmed the monetary penalty.
Motion for non-suit granted; no evidence Licensee obstructed a Liquor Licence Act inspection.
The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence, alleging that the Licensee obstructed a police investigation by cleaning up the scene of an assault before officers could inspect it, contrary to s. 45(1) of the Liquor Licence Act.
At the hearing, the responding police officers testified that they attended the premises to assist an ambulance and did not conduct or attempt to conduct an inspection under the Act.
At the close of the Registrar's case, the Licensee brought a motion for non-suit.
The Board granted the motion, finding no evidence that the police were conducting an inspection under the Act or that the Licensee interfered with one.
The allegations were dismissed.
Procedural order issued setting disclosure deadlines ahead of liquor licence suspension hearing.
A pre-hearing tele-conference was held regarding a Notice of Proposal to suspend the liquor licence of Sizzle Steakhouse and Lounge.
The Board issued a procedural order directing the licensee to disclose its witness list and evidence summaries ten days before the hearing.
The Registrar was ordered to disclose police notes and complete any further disclosure ten days before the hearing.
