Registrar of the Alcohol and Gaming Commission of Ontario v. 2072213 Ontario Inc., 2007 CanLII 90442

In the Matter of: MULLIGAN’S SPORTS GRILL 215 Beverly Street Units 5 Cambridge, Ontario N1R 3Z9

Licensee: 2072213 Ontario Inc. Licence Number: 280084

Notice of Proposal: To REVOKE a licence Dated August 29, 2006

The Registrar having reason to believe that the licensee would be disentitled to a licence under section 6 of the Liquor Licence Act or that the licensee is in breach of a condition of the existing licence, proposes pursuant to subsection 15(1) of the Liquor Licence Act to revoke the liquor licence of the licence holder because:

(a) having regard to its financial position, the licence holder cannot reasonably be expected to be financially responsible in the conduct of its business; or

(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; or

Hearing: Holiday Inn Cambridge 200 Holiday Inn Drive Cambridge, Ontario January 16, 2007

Presiding Board Members: Allan Higdon, Member Beryl Ford, Member

Counsel for the Registrar:

Brad Alton

Attendance: Rob Carle James, for the corporate licensee

Exhibits: #1 Consent Settlement Agreement

D E C I S I O N and O R D E R

WHEREAS the Board of the Alcohol and Gaming Commission of Ontario (“AGCO”) held a hearing on January 16, 2007, pursuant to a Notice of Proposal dated August 29, 2006 to revoke the liquor licence issued to 2072213 Ontario Inc. for premises operating as Mulligan’s Sports Grill, 215 Beverly Street, Units 5, Cambridge, Ontario, N1R 3Z9, licence number 280084;

AND WHEREAS Rob Carle James, a principal of the licensee, appeared on behalf of the corporate licensee and waived its right to be represented by legal counsel;

AND WHEREAS the hearing proceeded by way of a written Consent Settlement Agreement (Exhibit #1) submitted by the Counsel for the Registrar and Mr. James, appearing on behalf of the corporate licensee, and signed by the licensee, which is attached hereto and forms part of this decision.

THEREFORE having considered the Consent Settlement Agreement, the Board hereby confirms its oral ORDER that the licence holder shall pay all outstanding arrears to the Ministry of Finance by way of cash or certified cheque in the amount of $6,027.59 by close of business January 16, 2007 (5:00 p.m.);

AND FURTHER the Board ORDERS that the following condition be attached to the licence on the consent of the licensee:

The Licence Holder (#280084) shall file each Retail Sales Tax return on or before the due date for each and every filing period from this date forward and further agrees to pay to the Ministry of Finance the full amount owing in full by cash or certified cheque on or before the due date for each and every filing period. Should the licensee breach this condition the Registrar of Alcohol & Gaming may issue a Notice of Proposal which shall be heard on seven (7) days notice to the licence holder.

AND FURTHER the Board having made the within ORDER accepted the withdrawal of the Notice of Proposal to Revoke a Licence dated August 29, 2006.

DATED AT TORONTO THIS DAY OF 2007.

ALLAN HIGDON, BOARD MEMBER BERYL FORD, BOARD MEMBER

AH/mw

Attached.

IN THE MATTER OF THE LIQUOR LICENCE ACT

R.S.O. 1990, c.L.19, s. 15(1) AND 21(1)

AND IN THE MATTER OF THE LIQUOR LICENCE OF 2072213 ONTARIO INC., OPERATING AS MULLIGAN’S SPORTS GRILL, 215 BEVERLY STREET, UNIT 5, CAMBRIDGE, LICENCE NUMBER 280084

NOTICE OF PROPOSAL NUMBER 14488

The Licence Holder, who is not represented by legal counsel, but who has been advised of he licence holder’s right to legal counsel and having declined that right and agreed to proceed without legal counsel and Registrar’s counsel submit that the following disposition, with respect to the Notice of Proposal to Revoke a Licence dated August 29th, 2006 is appropriate in these circumstances:

The licence holder agrees to pay all outstanding arrears to the Ministry of Finance by way of cash or certified cheque in the amount of $6,027.59 by close of business January 16, 2007 (5:00 p.m.).
The Licence Holder agrees to the following condition being added to liquor licence number 280084:

Should the Board accept this agreement and impose the disposition as stated, the Registrar will withdraw Notice of Proposal to Revoke the Licence dated August 29th, 2006.

Dated at Cambridge this 16th day of January, 2007.

Robbie(Rob) Carle James Brad Alton, Counsel for the Licence Holder Registrar of the AGCO

“I have the authority to bind the licensee”