ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission of Ontario Registrar
-and-
374081 Ontario Limited O/A Bridge Tavern Licensee
DECISION
Panel: Brian J. Ford, Board Member S. Grace Kerr, Board Member
Decision Date: July 30, 2008 Hearing Location: Sarnia, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone: (416) 326-0366 Toll Free In Ontario: 1-800-522-2876 Fax: (416) 326-5566 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Joyce Taylor, Representative 374081 Ontario Limited, Licensee ) Ioannis John Brodimas
A hearing into Notice of Proposal number 16215 dated April 21, 2008 to revoke liquor license number 90324 issued to 374081 Ontario Limited operating as BRIDGE TAVERN, 109 Michigan Avenue, Point Edward, Ontario, N7V 1E5, on the basis of an alleged violation of section 6 of the Liquor Licence Act (“LLA”) was held on July 24, 2008 in the City of Sarnia.
Ioannis John Brodimas is an officer, director and shareholder of the Licensee. He appeared on behalf of the Corporation and waived the right to legal representation.
Joyce Taylor, Registrar’s Representative, and the Licensee submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision. It was agreed and admitted that:
From June 14, 2007 to June 23, 2008, the Licensee failed to file and pay retail sales tax on time. Since 2002, the Licensee’s account has been in collections with the Ministry of Revenue six (6) times. The Licensee has also had problems making timely payment of corporate tax and employer health taxes.
In May 2008, after this proposal to revoke the corporation’s liquor licence was issued and after the Licensee requested a hearing, the Licensee paid over $16,000 towards the accrued debt. On July 21, 2008, the Licensee paid the final amount of arrears owing, being $2,328.03.
Based on the Agreed Statement of Facts, the Board found the Licensee breached section 6 of the LLA. The Board accepted the withdrawal of the remaining allegations.
Order
Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 374081 Ontario Limited operating as BRIDGE TAVERN, 109 Michigan Avenue, Point Edward, Ontario, N7V 1E5, shall have the following condition attached to its licence:
“The Licensee shall file its retail sales tax returns for July, August, September, October, November and December 2008 and January 2009, on time with full negotiable payment.”
DATED AT TORONTO THIS 30th DAY OF JULY, 2008.
BRIAN J. FORD, BOARD MEMBER S. GRACE KERR, BOARD MEMBER
SGK/cp
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 374081 ONTARIO LIMITED OPERATING AS BRIDGE TAVERN 109 MICHIGAN AVENUE, POINT EDWARD LICENCE NO. 90324
AGREED STATEMENT OF FACTS
The Licensee who has been advised of his right to counsel and has waived that right and Registrar’s counsel agree to the following facts in relation to the Notice of Proposal to Revoke a Licence dated April 21, 2008.
From June 14, 2007 to June 23, 2008, the Licensee failed to file and pay retail sales tax on time. Since 2002, the Licensee’s account has been in collections with the Ministry of Revenue six (6) times. The Licensee has also had problems making timely payment of corporate tax and employer health taxes.
In May 2008, after this proposal to revoke the corporation’s liquor licence was issued and after Licensee requested a hearing, the Licensee paid over $16,000 towards the accrued debt. On July 21, 2008, three days ago, the Licensee paid the final amount of arrears owing, being $2,328.03.
JOINT SUBMISSION ON DISPOSITION
Whereas this licensee has no prior adverse record before the Board,
The Licensee who has been advised of his right to counsel and has waived that right, and Registrar’s Counsel jointly submit that the following disposition is appropriate in the circumstances:
The following condition shall be attached to liquor licence 90324:
(a) The Licensee shall file its retail sales tax returns for July, August, September, October, November, December 2008 and January 2009, on time with full negotiable payment.
Should the Board find the facts as set out in the Agreed Statement of Facts and order the disposition set out in this Joint Submission on Disposition, the Registrar shall withdraw the allegations as set out in the Notice of Proposal dated April 21, 2008.
Respectfully submitted this 24th day of July, 2008,
374081 ONTARIO LIMITED
Ioannis John Brodimas Joyce A. Taylor “I have authority to bind the Corporation.” Counsel for the Registrar