Toronto ON –The Deputy Registrar of the Alcohol and Gaming Commission of Ontario (AGCO) has issued a Notice of Proposal (NOP) to revoke the liquor sales licence of Afro-East Restaurant, located at 91 Queen St S, Kitchener, ON. The Deputy Registrar has reasonable grounds to believe that the licence holder will not carry on business in accordance with the law and with integrity and honesty.
Contrary to the Liquor Licence and Control Act, 2019 (LLCA), the Registrar’s Interim Standards and Requirements for Liquor, and the applicable licence terms and conditions, multiple alleged violations by the licensee have been identified, including:
- AGCO inspectors observed an individual working at the establishment who is prohibited from having any involvement in the business operations of the establishment or from being employed at the establishment.
- The back exterior gate of the establishment was chained and locked shut, preventing emergency exiting from the premises. The chain and lock were removed by force and charges were laid by the City of Kitchener Fire Department against the licence holder for non-compliance with the Fire Protection and Prevention Act, 1997. During subsequent inspections conducted by the AGCO, the same back exterior gate was observed closed and chain locked once again. Further, the licence holder failed to notify the AGCO of these charges as required by a condition on its liquor sales licence.
- AGCO inspectors observed persons involved in the sale and service of liquor at the establishment who did not hold a valid Smart Serve certification.
- AGCO inspectors observed the licence holder permitting patrons to remove liquor from the licensed premises.
Those who hold a licence to sell and serve alcohol are required to meet their obligations under the LLCA and to carry on their business in accordance with the law and with honesty and integrity.
The AGCO is committed to ensuring that the alcohol sector is regulated in the public interest and in accordance with the principles of honesty and integrity, and social responsibility.
“There are consequences for licence holders who do not operate with integrity and honesty. While the AGCO takes a compliance-focused approach to regulation, in cases that involve multiple significant breaches impacting the safety of patrons, the AGCO will take strong regulatory action to protect the public.”
Tom Mungham, Registrar and CEO, AGCO
Licence holders who do not meet the requirements under LLCA are subject to regulatory action, including the possibility of an Order of Monetary Penalty, a temporary suspension of the licence, or in the most serious cases, a revocation of the licence.
An establishment served with a Notice of Proposal has the right to appeal the Registrar’s action to the Licence Appeal Tribunal, which is an adjudicative tribunal independent of the AGCO and part of Tribunals Ontario.
ABOUT THE AGCO
The AGCO is responsible for regulating the alcohol, gaming, horse racing and private cannabis retail sectors in Ontario in accordance with the principles of honesty and integrity, and in the public interest.
The AGCO is a regulatory agency with a governing board that reports to the Ministry of the Attorney General. The agency was established on February 23, 1998 under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996.