On November 19, 2021, the Registrar of the Alcohol and Gaming Commission of Ontario (AGCO), issued an Order of Interim Suspension of the liquor licence of CAGE KTV & BAR located at 3560 Victoria Park Avenue in North York, Ontario, for reasons of public interest and safety. The interim suspension took immediate effect. This bar is not legally allowed to sell or serve alcohol for the duration of the suspension.
The Deputy Registrar has also issued a Notice of Proposal (NOP) to revoke the liquor licence of this bar for infractions of the Liquor Licence Act (LLA).
On November 14, 2021, AGCO Compliance Officials (COs) visited CAGE KTV & BAR to address a complaint that the licence holder advertised an event providing free liquor. Upon entry, the COs observed signs of drunkenness, which is not permitted under the LLA. Patrons became aggressive towards the COs, including beginning a physical altercation, with bar staff taking no steps to maintain control. The licence holder, when contacted, admitted to no longer having access to or operational control of CAGE KTV & BAR.
Holding a liquor licence comes with legal obligations to maintain control and operational authority over the licensed establishment, responsibilities the AGCO deems this licence holder has relinquished.
The AGCO is committed to ensuring that the alcohol sector is operated with honesty, integrity and in the public interest. In the AGCO’s estimation, the licence holder has contravened the LLA, including: contracting out the sale and service of alcohol without authorization; no longer being involved in the bar’s operations and therefore not maintaining control over the premises. Furthermore, the licence holder failed to ensure the sale and service of alcohol was supervised by an authorized employee, and permitted drunkenness, quarrelsome, violent and disorderly conduct to occur in the bar.
The Registrar therefore considers it necessary and in the public interest to immediately suspend the liquor licence of CAGE KTV & BAR. Additionally, the Deputy Registrar has reasonable grounds to believe that the licence holder will not carry-on business in accordance with the law and has issued a Notice of Proposal (NOP) to revoke the license.
“All those who hold a liquor licence in Ontario are required to operate with honesty and integrity. The law is very clear: a licence holder must maintain control of their business, prohibit drunkenness, and cooperate with AGCO Compliance Officials. Our COs are public servants who work to protect the public by ensuring licensed establishments are operating responsibly. Aggressions towards them will not be tolerated.”
Tom Mungham, Registrar and CEO, AGCO
Licence holders who do not meet the requirements under the Liquor Licence Act (LLA) 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.
The AGCO regularly conducts compliance activities at liquor licensed establishments across the province and recognizes licensees who are operating responsibly.
- The LLA provides the AGCO with the authority to carry out inspections of licensed establishments for the purposes of determining whether there is compliance with the Act and its regulations. Police officers also have this authority.
- Liquor Inspections and Your Obligations | Alcohol and Gaming Commission of Ontario (agco.ca)
- See Section 15 (6) and 6 (2)(d) Liquor Licence Act (LLA)
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.