Alcohol & Gaming Commission of Ontario
LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: FRESH ON BLOOR 521 Bloor St. W., Toronto, Ontario M5S 1Y4
Licensee: 954516 Ontario Limited
Licence Number: 804596
Notice of Proposal: To REVOKE a licence Dated December 7, 2007
Hearing: Alcohol & Gaming Commission of Ontario 90 Sheppard Ave. E., 3rd Floor Toronto, Ontario M2N 0A4 April 30, 2007
Presiding
Board Members: Patricia McQuaid, Vice-Chair Bruce Monteith, Member
Counsel for the Registrar: Richard Kulis
Attendance: Barry Alper, principal of licensee
O R D E R
The Board of the Alcohol and Gaming Commission of Ontario (“AGCO”) held a hearing on April 30, 2007, pursuant to a Notice of Proposal dated December 7, 2006 to revoke the liquor licence issued to 954516 Ontario Limited for premises operating as Fresh on Bloor, 521 Bloor Street, Toronto, Ontario, licence no. 804596.
Mr. Barry Alper, a principal of the corporate licensee, appeared on behalf of the corporate licensee. No evidence was called.
The Board did hear submissions from Mr. Alper and Mr. Kulis regarding the Notice of Proposal to revoke the licence. After hearing submissions, the Board did issue an oral order for revocation of the licence, with a written order to follow.
In his submissions, Mr. Alper confirmed that the licensee ceased to operate the business for which the licence was issued, that being the business at 521 Bloor Street West, Toronto, in or about July, 2006. He is operating a licensed establishment at another location. Mr. Alper has been in negotiations with the landlord of the 521 Bloor Street location regarding termination of the lease agreement and therefore chose not to surrender the licence while those negotiations were ongoing. The licence does expire in August, 2007 and Mr. Alper does not intend to renew the licence.
While the Board is sympathetic to the licensee’s situation with his landlord, to date, negotiations upon which Mr. Alper seems to predicate the surrender of liquor licence number 804596, have not been successful and there is nothing before the Board to suggest that they soon will be. It is undisputed that the business has ceased operation for approximately eight months.
THEREFORE, pursuant to section 56 of Ontario Regulation 719/90, the Board ORDERS the revocation of the liquor licence issued to 954516 Ontario Limited for premises operating as Fresh on Bloor, 521 Bloor Street, Toronto, Ontario, licence no. 804596 effective IMMEDIATELY.
DATED AT TORONTO THIS 2nd DAY OF MARCH 2007.
PATRICIA MCQUAID, VICE-CHAIR
BRUCE MONTEITH, BOARD MEMBER
PM/mw