LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: NEW LAKEVIEW LUNCH
1132 Dundas Street West
Toronto, Ontario
M6J 1X2
Licensee: New Lakeview Lunch Ltd.
Licence Number: 202201
Notice of Proposal: To REVOKE a licence
Dated September 13, 2006
(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
(c) The licence holder is carrying on activities that are in contravention of the Liquor Licence Act or the Regulations.
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, 3rd Floor
Toronto, Ontario
M2N 0A4
January 26, 2007
Presiding
Board Members: Alex McCauley, Member
Guy Maurice, Member
Counsel for the
Registrar: Brad Alton
Counsel for the
Licensee: Jerry Levitan
Attendance: Paswvalingam Santhanantham, sole officer, director and shareholder of the licensee corporation
Exhibits: #1 – Consent Settlement Agreement dated January 26, 2007
D E C I S I O N and O R D E R
The Board of the Alcohol and Gaming Commission of Ontario (“AGCO”) held a hearing on January 26, 2007 pursuant to a Notice of Proposal dated September 13, 2006, to revoke a licence issued to New Lakeview Lunch Ltd. for premises operating as NEW LAKEVIEW LUNCH, 1132 Dundas Street West, Toronto, Ontario, M6J 1X2, licence number 202201.
The corporate licensee was represented by legal counsel, Jerry Levitan.
The hearing proceeded by way of a written Consent Settlement Agreement (Exhibit #1) submitted by the counsel for the Registrar and Jerry Levitan, counsel for the corporate licensee.
The Board ACCEPTS the Consent Settlement Agreement for the liquor licence issued to New Lakeview Lunch Ltd. for premises operating as NEW LAKEVIEW LUNCH, 1132 Dundas Street West, Toronto, Ontario, M6J 1X2, licence number 202201.
The Board ORDERS that the following conditions be attached to, and printed on the face of the licence on the consent of the licensee;
The licence holder, liquor licence number 202201, shall file each retail sales tax return on or before the due date for each and every filing period.
The licence holder shall pay to the Ministry of Finance, by way of cash or certified cheque, the full amount owing on each retail sales tax return on or before the due date for each and every filing period.
Should the licence holder breach either of these conditions, the Registrar of the Alcohol and Gaming Commission may issue a notice of proposal to suspend or revoke the liquor licence and said notice of proposal shall be heard on seven (7) days notice to the licence holder.
DATED AT TORONTO THIS 1ST DAY OF FEBRUARY, 2007.
____________________________________ ________________________________
ALEX MCCAUELY, BOARD MEMBER GUY MAURICE, BOARD MEMBER
AM/sm
Attachment.
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 NEW LAKEVIEW LUNCH LTD.,
OPERATING AS NEW LAKEVIEW LUNCH,
1132 DUNDAS STREET WEST, TORONTO
LICENCE NUMBER 202201
NOTICE OF PROPOSAL NUMBER 14527
CONSENT SETTLEMENT AGREEMENT
The Licence Holder, having consulted legal counsel and Registrar’s Counsel, agree to the following with respect to the Notice of Proposal to Revoke a Licence dated September 13,2006:
- The Licence Holder agrees to the following condition being added, on consent, to liquor licence number 202201;
The licence holder, liquor licence number 202201, shall file each retail sales tax return on or before the due date for each and every filing period.
The licence holder shall pay to the Ministry of Finance, by way of cash or certified cheque, the full amount owing on each retail sales tax return on or before the due date for each and every filing period.
Should the licence holder breach either of these conditions, the Registrar of the Alcohol and Gaming may issue a notice of proposal to suspend or revoke the liquor licence and said notice of proposal shall be heard on seven (7) days notice to the licence holder.
Dated at Toronto this 26th day of January, 2007.
________________________________ ________________________________
Paswvalingam Santhanantham Brad Alton, Counsel for the
Licence Holder Registrar of the AGCO
“I have authority to bind the corporate licensee”