Phillip Morris

The applicant appealed a Notice of Proposal by the Registrar of Alcohol and Gaming to refuse the transfer of a liquor licence.

Prior to the hearing, the licence was surrendered by the licensee of record.

The applicant did not attend the hearing and did not submit a new application.

Consequently, the Registrar withdrew the Notice of Proposal, and the Tribunal ordered the matter concluded.

The Registrar of Alcohol and Gaming issued a Notice of Proposal to revoke the liquor licence of the applicant.

The applicant appealed the proposal to the Licence Appeal Tribunal.

The Registrar presented unchallenged evidence of numerous violations of the Liquor Licence Act and its regulations, including overcrowding, after-hours service, and operating while the licence transfer was incomplete.

The applicant's principal argued he had sold the business and was unaware of the violations.

The Tribunal found that the principal knew or ought to have known that the licence had not been transferred and that he remained responsible for compliance.

The Tribunal concluded that the applicant's past conduct afforded reasonable grounds to believe the business would not be carried on in accordance with the law and with integrity and honesty, and directed the Registrar to revoke the licence.

The Applicant appealed a Notice of Proposal by the Registrar of Alcohol and Gaming to refuse the transfer of a liquor licence for Jax Bar and Grill.

The Registrar argued that the Applicant's past conduct, failure to cooperate with the investigation, and the heavy involvement of his father—who had an extensive criminal record—indicated the business would not be run with honesty and integrity.

The Tribunal found the Applicant uncooperative, his testimony inconsistent, and concluded that his father would likely continue to play a dominant role in the operations.

The Tribunal directed the Registrar to carry out the proposal to refuse the licence transfer.

The applicant brought a motion before a panel of the Divisional Court to set aside a decision of a single judge who declined to grant an interlocutory injunction preventing the enforcement of conditions on a liquor licence.

The applicant also sought to admit fresh evidence.

The court dismissed the motion to admit fresh evidence, finding it would not have affected the outcome.

Applying the Housen standard of review, the court found the single judge made no error in applying the RJR-MacDonald test for interlocutory injunctive relief.

The motion was dismissed with costs awarded to the respondents on a substantial indemnity basis.

The Registrar sought a 14-day suspension of the Licensee's liquor licence following findings that the Licensee contravened the Liquor Licence Act and regulations by serving a minor, permitting drunkenness, and serving an intoxicated person.

The Licensee argued for a 7-day suspension, noting that some allegations had been dismissed.

The Board considered the multiple recent contraventions, the seriousness of serving a minor, and the lack of proposed remedial measures.

The Board ordered a 9-day suspension of the liquor licence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to refuse to renew the liquor licence of the corporate licensee, operating as Hoops Sports Bar & Grill.

The sole officer and director of the licensee had been convicted of sexual assault and failed to disclose the charges.

At the hearing, the parties submitted Minutes of Settlement wherein the Registrar agreed to withdraw the Notice of Proposal on the condition that a transfer application be filed and the convicted individual have no involvement in the business.

The Board accepted the withdrawal of the Notice of Proposal based on the settlement.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the licensee's liquor licence for failing to remit over $100,000 in retail sales tax.

At the hearing, the parties presented an Agreed Statement of Facts and a Joint Submission on Disposition.

The Board accepted the joint submission and ordered the liquor licence revoked effective May 31, 2011, unless the outstanding tax debt was paid in full before that date.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to refuse the transfer of a liquor licence to the applicant due to an outstanding retail sales tax audit of $57,271.83.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition.

The Board found that the applicant breached the Liquor Licence Act by failing to remit collected retail sales tax.

The Board ordered that the transfer application be approved on the condition that the applicant remit $5,000 to the Ministry of Revenue and execute a Memorandum of Understanding regarding the outstanding tax.

The appellant brought a motion to adjourn its appeal of a decision by the Board of the Alcohol and Gaming Commission of Ontario.

The appellant sought the adjournment pending the outcome of an unrelated judicial review application by another licensee challenging the Board's institutional impartiality.

The Divisional Court dismissed the motion, finding that an adjournment could prejudice the respondent and delay the resolution of four-year-old allegations.

Crucially, the court noted that the appellant had never raised the issue of bias in its own case and declined to amend its Notice of Appeal to do so.

The appellant appealed a decision of the Board of the Alcohol and Gaming Commission of Ontario convicting it of infractions under the Liquor Licence Act, including permitting drunkenness, selling liquor to an intoxicated person, and overcrowding a patio.

The appellant argued there was a breach of natural justice due to delayed notice, that the Board misapprehended evidence, and that the defence of necessity applied to the overcrowding.

The Divisional Court dismissed the appeal, finding no unreasonable delay in notice, no palpable and overriding error in the Board's assessment of the evidence, and that the defence of necessity could not be raised for the first time on appeal.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the licensee's liquor licence for alleged violations of the Liquor Licence Act and its regulations.

The parties submitted an Agreed Statement of Facts admitting to incidents involving intoxicated persons, minors consuming alcohol, and a fight that resulted in a bystander's injury.

The tribunal accepted the joint submission and ordered a 21-day suspension of the liquor licence.

The Registrar issued a Notice of Proposal to suspend the liquor licence of The Nutty Parrot.

The parties submitted an Agreed Statement of Facts admitting that the Licensee served liquor to an intoxicated 18-year-old patron who subsequently drove and was involved in an automobile accident, breaching the Liquor Licence Act and regulations.

The Board accepted the joint submission and ordered a 14-day suspension of the liquor licence.

A pre-hearing conference was held regarding a Notice of Proposal to suspend the liquor licence of Dragon's Den.

The Board ordered the Licensee to disclose its witness list and evidence summaries 21 days before the hearing, and the Registrar to complete further disclosure 10 days before the hearing.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Blue Nile Restaurant Ltd. after the licensee's manager sold crack cocaine to an undercover police officer on the premises.

At the hearing, the parties presented an Agreed Statement of Facts and a Joint Submission on Disposition.

The Board found that the licensee breached s. 45(2) of Ontario Regulation 719/90.

Accepting the joint submission, the Board ordered a 45-day suspension of the liquor licence and added a condition prohibiting the manager from being involved in the business or entering the premises.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent licensee.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition, admitting that the licensee straight-armed a neighbour causing injuries, thereby breaching subsection 45(1) of O.Reg 719/90 under the Liquor Licence Act.

The Board accepted the joint submission and ordered a 13-day suspension of the liquor licence.

The Licensee brought a motion for a permanent stay of proceedings regarding a Notice of Proposal to suspend its liquor licence, arguing that the organizational structure and operational realities of the Alcohol and Gaming Commission of Ontario (AGCO) created a reasonable apprehension of bias.

The Licensee alleged a lack of administrative independence and institutional impartiality due to overlapping functions of the Chair, Board members, and the Registrar.

The Panel dismissed the motion, finding that the statutory framework, including the prohibition against prior consideration under s. 10(3) of the Alcohol and Gaming Regulation and Public Protection Act, 1996, and the operational realities of the AGCO maintained a clear separation between the adjudicative and investigative/prosecutorial functions.

The Panel concluded that a reasonable and informed person would not find a reasonable apprehension of bias.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence for alleged violations of the Liquor Licence Act and regulations.

The parties submitted an Agreed Statement of Facts admitting that a patron removed liquor, an intoxicated patron consumed liquor, and three underage individuals consumed liquor on the premises.

The Board accepted the agreed facts, found the breaches established, and ordered a 12-day suspension of the liquor licence in accordance with the parties' joint submission.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Rumours Sports Lounge, alleging violations of subsections 19(1) and 45(2) of Ontario Regulation 719/90.

Police and AGCO inspectors testified that upon entering the premises, they observed rampant and open smoking of marijuana and tobacco, as well as discarded drug paraphernalia.

They also found a bottle of liquor containing fruit flies.

The Licensee denied the extent of the marijuana use and argued that the evidence was exaggerated.

The Board accepted the evidence of the police and inspectors, finding that the Licensee permitted the illegal smoking of marijuana and kept adulterated liquor for sale.

The Board found the Licensee in contravention of the regulations and invited written submissions on penalty.

The Licensee brought a motion seeking further disclosure of records and an adjournment of the hearing into a proposal to suspend its liquor licence.

The Licensee argued that an adjournment was necessary pending a Freedom of Information appeal and due to counsel's unavailability.

The Board ordered disclosure only for substantive matters and denied the request for disclosure related to a pending bias motion.

The Board dismissed the adjournment request, citing the public interest in proceeding expeditiously and noting that the hearing dates had been agreed to unconditionally months prior.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the licensee's liquor licence for serving intoxicated patrons.

The parties submitted an Agreed Statement of Facts admitting the breaches and a Joint Submission on Disposition proposing a 25-day suspension.

The Board accepted the joint submission, finding the licensee breached the Liquor Licence Act and its regulations, and ordered a 25-day suspension of the liquor licence.