LIQUOR LICENCE ACT, R.S.O. 1990

In the Matter of: STEPHANIE’S CARIBBEAN CUISINE

1 – 5 Water Street North Cambridge, Ontario N1R 3B2

Licensee: Ruby Matilda Wright

Applicant: Stephanie’s Caribbean Cuisine Inc.

Licence Number: 805675

Notice of Proposal: To REVOKE a licence Dated November 17, 2004

The Proposal alleges that:

(I) With respect to section 6 of the Act:

(a) Pursuant to section 6(2)(e) of the Liquor Licence Act, the applicant, the licensee provided false information to the Board.

(b) Pursuant to section 6(2)(a) of the Liquor Licence Act, the licensee cannot reasonably be expected to be financially responsible in the conduct of the licensee’s business having regard to the licensee’s financial position.

(II) With respect to contraventions of the Liquor Licence Act, the Regulations thereto:

(a) Contrary to subsection 15(1) on Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder contracted out the sale and service of liquor to a third party.

(b) Contrary to clause 91(1)(a) of Ontario Regulation 719/90 under the Liquor Licence Act (“O.Reg”), the licence holder failed to supply on the notice of the use of the caterer’s endorsement.

(c) Contrary to subsection 60(2) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder is or appears to be operating an ongoing business with a sponsor under the licensee’s catering endorsement

(d) Contrary to section 66 of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder promoted an event at which the licence holder offered liquor for sale and invited people to attend the event.

Notice of Proposal: To REFUSE to transfer licence Dated December 24, 2004

The Proposal alleges that:

(a) Pursuant to section 6(2)(a) of the Liquor Licence Act, having regard to its financial position, the applicant cannot reasonably be expected to be financially responsible in the conduct of its business; or

(b) Pursuant to section 6(2)(d) of the Liquor Licence Act, the past/present conduct of the applicant , the officer, director and shareholder who owns or controls 10% or more of its equity shares, or a person having beneficial interest in the business, or a person having responsibility for the management or operation of the business affords reasonable grounds for belief that its business will not be carried on in accordance with the law and with integrity and honesty; or

(c) Pursuant to section 6(2)(e) of the Liquor Licence Act (“LLA”), the applicant, or an employee or agent of the applicant has made a false statement in the application.

Hearing Locations: Kitchener – Holiday Inn 30 Fairway Road South Kitchener, Ontario N2A 2N2 October 6, 2005

Cambridge – Best Western 730 Hespeler Road Cambridge, Ontario N3H 5L8 March 21 & April 21, 2006

Cambridge – Holiday Inn 200 Holiday Inn Drive Cambridge, Ontario N3C 1Z5 October 23, 2006

Presiding Board Members: Beryl Ford, Member Bruce Monteith, Member

Counsel for the Registrar: Brad Alton

Counsel for the Licensee: Mark Grossman

Exhibits: #1 Letter from Anita Heron to AGCO #2 Personal History Record Anita Heron #3 Copy of Flyer advertising event #4 Undated letter from R.Wright to unknown source #5 Copy of bank cheques signed by Anita Heron #6 Inspection Report dated 24th Sept. 04 order to Cease Sales of Liquor #7 Letter from Anita Heron Received by AGCO dated Oct. l/2004 #8 Personal History Report of Anita Heron Received AGCO Oct. l/2004 #9 Memo Signed Anita Heron Received AGCO Oct.l/2004 #10 Schedule A and Schedule B Retail Sales Tax dated Sept.6/05 #11 Schedule A and B Retail Sales Tax dated March l3/06 #12 Schedule A and B Retail Sales Tax dated April 11/06 #13 Schedule A dated 11th April 06 #14 Schedule A Retail Sales tax dated 11/April/06 #15 RST tracking transaction #16 RST tracking transaction #17 RST tracking transaction #18 RST balance sheet $555.46 #19 Copy of Memo With Reference to Discussion AGCO/A.Heron 15/11/04

Witnesses: Daniel Deslippe, AGCO David Baxter, AGCO, Manager of Liquor Sales Licensing Elizabeth Middleton, Ministry of Finance Mike Pierzchalski, OPP Ruby Wright, the Licensee Anita Heron, representing the corporation

Decision

A Hearing of the Alcohol and Gaming Commission of Ontario (“AGCO”) was held on October 6, 2005, March 21, April 21 and October 23, 2006, pursuant to a Notice of Proposal to Revoke a licence dated 17th November 2004, and a Notice of Proposal to Refuse to Transfer a licence dated 24th December 2004.

The Board has reviewed and carefully considered the submissions made by both Registrar’s Counsel and Counsel for the Licensee.

In the Board’s decision of February 20th 2007 the Board made findings under the LLA:

6 (2) (e) of the L.L.A.

6(2)(a) of the L.L.A.

6(2)(d) of the L.L.A.

5(1) of the L.L.A.

16(1) of the L.L.A.

15(1) of Ontario Regulation 719/90 under the L.L.A.

91(1) of Ontario Regulations 719/90 under the L.L.A.

s.66 of Ontario Regulation 719/90 under the L.L.A.

All of these findings constitute a serious disregard for the LLA and the role and responsibilities of a Licensee.

The evidence showed that Ms. Ruby Wright was not totally in control of the establishment and allowed her daughter Anita Heron to effectively operate the business. It is the responsibility of the Licensee to ensure that the business was operating in a manner that complied with the LLA. The infractions found are very serious in nature and the Board determined that the Licensee is not fit or able to operate the business with the due diligence that is required to comply with the L.L.A. and regulations. Public safety is paramount and the Board is not confident that the Licensee would or could ensure that the business is operated with honesty and integrity.

The Board considered the submission of Licensee’s Counsel with respect to a prospective bona fide arms length purchaser for the business. The Board has no evidence to support that information and has no idea who the purchaser might be. The Board is not prepared to defer or delay for a period of 4 months an order on sanction. The proposed purchaser can submit an application for a liquor licence at any time and they would, of course, be considered in the normal process followed by the AGCO in determining the suitability of an applicant and the issuing of a liquor licence.

It is the Board’s decision, given the severity of the violations and the inability of the Licensee to operate the business that the liquor licence of Ruby Matilda Wright, operating as Stephanie’s Caribbean Cuisine, 1-5 Water Street North, Cambridge, Ontario be REVOKED immediately.

DATED AT TORONTO THIS 12TH DAY OF APRIL 2007.

BERYL FORD, BOARD MEMBER

BF/mw