LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: LEAMINGTON DOCK RESTAURANT
500 Erie Street South
Leamington, Ontario
N8H 3W1
Licensee: Leamington Dock Restaurant Inc.
Licence Number: 22654
Notice of Proposal: To REVOKE a licence
Dated January 8, 2007
The Proposal alleges that:
(a) Having regard to its financial position, the licence holder cannot reasonably be expected to be financially responsible in the conduct of its business;
(b) The past/present conduct of the licence holder or if a corporation the present/past conduct of its officers or directors, or of a shareholder who owns or controls 10% or more of its equity shares, or of a person having beneficial interest in the business of the licence holder; or of a person having responsibility for the management or operation of the business of the licence holder affords reasonable grounds for belief that its business will not be carried on in accordance with the law and with integrity and honesty;
(c) The licence holder is carrying on activities that are in contravention of the Liquor Licence Act (the “LLA”) or the Regulations.
Hearing: Alcohol & Gaming Commission of Ontario
Ramada Inn
201 Erie Street North
Leamington, Ontario
April 11, 2007.
May 4, 2007 (via teleconference)
Presiding
Board Members: David C. Gavsie, Chair
Guy Maurice, Member
Appearances: Brad Alton, Representative of the Registrar
Attendance: Michael Vourakes, on behalf of the corporate licensee
Exhibits: #1. Ministry of Finance, Vendor Identification of Licensee
#2. Ministry of Finance, Statement of Account for Licensee dated April 10, 2007.
DECISION and ORDER
This is further to the Order given by the Board at the conclusion of its hearing on May 4, 2007, which was held by conference call on consent of the parties.
The Board ordered that licence 22654 be revoked immediately for breach of the Board’s Order respecting the Licensee dated April 16, 2007, with written reasons to follow. These are those reasons.
In its Order of April 16, 2007, the Board set 2 terms to be met by the Licensee on or before April 19, 2007, both of which were discussed with and agreed to by the Parties at the original hearing held in Leamington on April 11, 2007. These terms were:
a) The filing of a fully completed application to transfer the Licence with the AGCO; and
b) The entering into an MOU covering the outstanding retail sales tax, interest and penalties owing by the Licensee to MOF, with the issues of a cheque to the MOF to be held by it,
all as stated in the April 16, 2007, Order.
During the conference call hearing on May 4, 2007, it was stated and there was no disagreement with the following:
no transfer application for the Licence has been filed with the AGCO to date;
no MOU has been entered into with MOF to date, and the full debt of the Licensee to MOF remains unpaid.
Accordingly, based on the above facts, the Board found the terms of the Board’s order has not been met. No reasonable explanation for the failure to comply with the order was provided by Mr. Vourakes. Therefore the Board REVOKES liquor licence number 22654 in the name of Leamington Dock Restaurant Inc. effective IMMEDIATELY.
DATED AT TORONTO THIS 22nd DAY OF MAY, 2007.
DAVID C. GAVSIE, CHAIR GUY MAURICE, BOARD MEMBER
DCG/rb