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-
2133048 Ontario Ltd. O/A Cavern (The) Licensee
ORDER
Panel: David C. Gavsie, Chair, AGCO Kirsti Hunt, Vice-Chair, AGCO
Decision Date: July 29, 2008
Hearing Location: Thunder Bay, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone: (416) 326-0366 Fax: (416) 326-5566 Toll Free In Ontario: 1-800-522-2876 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Sujin Chan, Representative
2133048 Ontario Ltd., Licensee ) Frank Valente
A hearing of the Alcohol and Gaming Commission of Ontario (“AGCO”) was held in Thunder Bay on July 22, 2008, to consider a Notice of Proposal to refuse to remove conditions being number 16092 issued on March 7, 2008 (the “NOP”), and an Amended Notice of Proposal to refuse to remove conditions being number 16126 issued on March 18, 2008, both with respect to the liquor licence of 2133048 Ontario Ltd., operating as CAVERN (THE), 201 Syndicate Avenue South, Thunder Bay, Ontario, P7E 1E1, (the “Premises”), licence number 21407 (the “Licence”).
At the hearing, for reasons set out below the Board ORDERED:
a) the hearing be adjourned until a permanent operator for the Premises becomes the licensee on the Licence; and
b) condition 6 on the Licence, on consent of the parties be deleted because it no longer has an application, the time referred to in it having passed.
As was explained by Frank Valente at the hearing, the Licence is presently held by the landlord of the Premises in possession. The landlord is 1188640 Ontario Ltd., a company which Mr. Valente said was owned by him.
The Premises was previously operated by 1304971 Ontario Inc., which surrendered the Licence according to Mr. Valente on June 1, 2007.
Mr. Valente formed a new company, namely 2133048 Ontario Ltd., to take possession of the Premises. This company applied to the AGCO in August or September 2007, to become the licensee in possession of the Premises. Mr. Valente is shown as a director and officer of 2133048 Ontario Ltd., on AGCO records, but Anthony David DiPaolo is also shown as an officer and director of 2133048 Ontario Ltd., AND its only shareholder.
Mr. Valente explained that since September 2007, he has been trying to clear up confusion and issues raised by the AGCO on the transfer application.
Mr. Valente said that his aim is to have the Licence approved for transfer to 2133048 Ontario Ltd., as the permanent operator of the Premises, and Mr. Valente will resign as a director and officer of that company.
In that Mr. Valente is only an interim operator of the Premises (Mr. Valente said the Premises had only been open one evening to the public since September 2007), the Board adjourned the hearing regarding the removal of conditions (except for condition 6 which was ordered to be removed, on consent of the parties) until the Licence is approved by the AGCO for transfer to 2133048 Ontario Ltd., at which time Mr. DiPaolo will become the permanent owner of the Licensee, and Mr. Valente will thereafter resign as a director and officer but be the owner of the landlord company.
DATED AT TORONTO THIS 29th DAY OF July , 2008
DAVID C. GAVSIE, CHAIR, AGCO KIRSTI HUNT, VICE-CHAIR, AGCO
DCG/ee