Randall J. Barrs

The appellant appealed an Order of Monetary Penalty of $10,000 issued by the Registrar of Alcohol and Gaming for permitting overcrowding in its licensed premises.

Two AGCO inspectors conducted head counts and found approximately 561 patrons, well over the licensed capacity of 362.

The Tribunal found the evidence of the inspectors credible and rejected the appellant's arguments regarding the counting methodology and the security staff's testimony.

The Tribunal confirmed the monetary penalty.

The Registrar ordered an interim suspension of the Licensee's liquor licence following a shooting incident at the nightclub.

The Board lifted the interim suspension subject to conditions, including mandatory metal detection and video surveillance checks.

On the merits, the Board found the Licensee breached its Compliance Plan by failing to maintain operational video cameras, post surveillance signage, and ensure all persons (including band members) were checked by a metal detector.

However, the Board dismissed the allegation that the Licensee permitted violent conduct, finding that security staff responded appropriately to the initial altercation before the unexpected shooting occurred.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the licensee based on alleged violations of the Liquor Licence Act and its regulations, including permitting an intoxicated person on the premises, failing to clear signs of alcohol service, and permitting underage consumption.

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

The Board found the licensee breached the Act and regulations, suspended the licence for 17 days, and added conditions to the licence regarding security cameras and security staff requirements.