ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
BETWEEN:
Registrar, Alcohol and Gaming Commission of Ontario (Registrar)
-and-
2009355 Ontario Inc. O/A Copperfields Restaurant (Licensee)
ORDER
Panel: Brian J. Ford, Board Member Alex McCauley, Board Member
Decision Date: October 30, 2008 Hearing Location: Belleville, 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 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission: Richard Kulis, Representative 2009355 Ontario Inc., Licensee: John D. Bonn, Representative
Allegations
- A hearing into a Notice of Proposal number 16442 dated July 3, 2008, to revoke liquor licence number 24057 issued to 2009355 Ontario Inc. (the "Licensee") operating as COPPERFIELDS RESTAURANT, 230 Front Street, Belleville, Ontario, K8N 2Z2, (the "Premises"), on the basis that the licence holder would be disentitled to a licence under section 6 of the Liquor Licence Act ("LLA") or that the licence holder is in breach of a condition of the existing licence, was held on October 28, 2008, in the City of Belleville.
Decision and Order
The Board finds that the Licensee has violated subsection 6(2)(a) of the LLA, in that having regard to its financial position the licence holder cannot reasonably be expected to be financially responsible in the conduct of its business. Being a vendor within the meaning of the Retail Sales Tax Act and as an agent of the Ministry of Revenue, the Licensee did contrary to the Retail Sales Tax Act, fail to remit to the Minister of Revenue at the time or times and in the manner prescribed by the Regulation, all amounts collected as or on account of tax.
The Board concluded that there was an agreement (Exhibit #3) in effect between the Licensee and the Ministry of Revenue. This was admitted by the Licensee even though a signed copy of that agreement was not available. The Licensee consented to a repayment plan which was part of the said agreement.
The Board has further concluded that the debt by the Licensee to the Ministry of Revenue continues to grow, the Licensee has made no reasonable effort to satisfy this debt, and there is no reasonable expectation that the debt can be repaid in the foreseeable future. The vendor first entered into collections with the Ministry of Revenue on May 28, 2004. Despite periods of some remittances to the Ministry, there is currently an outstanding debt to the Ministry of Revenue for outstanding sales tax and penalties in the amount of $143,091.18.
Therefore the Board ORDERS that liquor licence number 24057 issued to 2009355 Ontario Inc. operating as COPPERFIELDS RESTAURANT, 230 Front Street, Belleville, Ontario, K8N 2Z2 be REVOKED effective IMMEDIATELY.
DATED AT TORONTO THIS 30th DAY OF OCTOBER, 2008.
BRIAN J. FORD, BOARD MEMBER
ALEX MCCAULEY, BOARD MEMBER
AM/cp