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AGCO Moves To Suspend Liquor Licence Of Kelsey’s Restaurant In Huntsville For Over-Service Of Alcohol Leading To Fatal Car Crash

The Alcohol and Gaming Commission of Ontario (AGCO) has issued a Notice of Proposal (NOP) for a 60-day liquor sales licence suspension of Kelsey’s Restaurant (1773731 Ontario Ltd.) in Huntsville, Ontario (Kelsey’s Huntsville). The AGCO Registrar has reason to believe that several violations of the Liquor Licence and Control Act, 2019 (LLCA) and its Regulations occurred at this establishment.

On November 4, 2022, it is alleged that a customer at Kelsey’s Huntsville was served and consumed 18 shots of liquor over approximately 3 hours and 45 minutes. During that period, the customer showed increasing signs of intoxication, yet staff continued serving alcohol to the customer until closing time.

The customer left the establishment after last call and drove away in a vehicle. Within minutes, the customer was involved in a major single-vehicle accident and tragically died due to their injuries.

The AGCO holds liquor licensees to high standards for the safe and responsible sale of alcohol. Liquor licence holders must ensure their customers are not served to intoxication or permit intoxication on their premises. It is the responsibility of all licensees to ensure their staff are properly trained to recognize the signs of intoxication.

An establishment served with a Notice of Proposal has the right to appeal the Registrar’s action to the Licence Appeal Tribunal (LAT), an adjudicative tribunal independent of the AGCO and part of Tribunals Ontario.

The AGCO is committed to ensuring that the alcohol sector operates with honesty, integrity and in the public interest.

“All liquor licence holders in Ontario are required to meet their obligations for the safe and responsible sale of alcohol. Licence holders have a specific duty not to serve customers who are or appear to be intoxicated and have a responsibility to prevent such tragic events from happening.”

Dr. Karin Schnarr, Registrar and CEO, AGCO

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