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-
2072814 Ontario Ltd. operating as Alibis Sports Bar & Music Cafe (Licensee)
DECISION
Panel: Jacqueline Castel, Board Member Beryl Ford, Board Member
Decision Date: March 24, 2009
Hearing Location: Windsor, 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: Daniel Alakas, Representative 2072814 Ontario Ltd., Licensee: Robert Alphonse Tessier
Allegations
- A hearing into Notice of Proposal ("NOP") number 16477, dated July 18, 2008, to revoke and NOP number 16478 dated July 18, 2008, to refuse an application to transfer liquor licence number 200633 issued to 2072814 Ontario Ltd. (the "Licensee"), operating as ALIBIS SPORTS BAR & MUSIC, 4785 Howard Avenue, Windsor, Ontario, N9G 1P8, (the "establishment" or the "premises") on the basis that the Licensee is disentitled to a license under section 6 of the Liquor Licence Act (the "LLA") and on the basis of allegations under clauses 6(2)(a), 6(2)(d), and 6(2)(f) and subsection 6(6) of the LLA, respectively, was held on November 21, 2008 in the City of Windsor and by teleconference on March 13, 2009 in the City of Toronto.
Preliminary Matters
- Mr. Tessier is an officer and director of the Licensee. He appeared on his own behalf and on behalf of the Corporation and waived the right to legal representation.
November 21, 2008 Hearing
The hearing convened on November 21, 2008, at which time the Registrar requested an adjournment for sixty days, on consent of all parties, because of three new pieces of information which came to light on the day of the hearing.
First, Mr. Robert Alphonse Tessier agreed to bring the Memorandum of Understanding ("MOU") between the Licensee and the Ministry of Revenue (the "Ministry") into good standing, and the Ministry was prepared to give him an opportunity to do so. Specifically, he would pay $5,354, in certified funds, immediately, and he would pay $1,000 a week in catch up funds to the Ministry, until his outstanding debt in the amount of $40,750 was paid. Mr. Tessier also agreed to provide proof of payment forthwith to the Ministry for September 2008 monies owing. Because this arrangement between Mr. Tessier and the Ministry of Revenue was reached only on November 21, 2008, the day of the hearing, they were unable to execute another MOU by the time the hearing commenced.
Second, Mr. Tessier just learned that a competitor's bar had gone out of business. As such, he believed that the Licensee would be able to capture the business which would have otherwise gone to its competitor, resulting in increased sales revenue for the Licensee, and making it more feasible for the Licensee to pay its outstanding debt to the Ministry.
Third, Mr. Tessier's legal counsel was in negotiations with the Ministry of Transportation for the latter to purchase the establishment, and the land on which it is located, in the summer of 2009.
Mr. Alakas indicated that if the Licensee repaid its debt to the Ministry, in accordance with the arrangement outlined in paragraph 4 above, the Registrar anticipated being able to withdraw both NOPs. Ms Elizabeth Middleton, for the Ministry, added that the Ministry does not wish to put the Licensee out of business.
Mr. Tessier stated that he was committed to paying the debt to the Ministry of Revenue, but would need to stay in business in order to do so.
The Board granted the adjournment on consent, in light of the new information which came to light on the day of the hearing, but ordered that the Board be provided written confirmation, from the Registrar's representative, of whether the Licensee complied with the repayment agreement outlined in paragraph 4 above by January 31, 2009. The Board also indicated that it would like both parties to present all of their evidence on November 21, 2008; this way, if the Licensee did not comply with the aforementioned payment terms, the Board could require written submissions without having to reconvene a live hearing. The Board proceeded to hear evidence from the Registrar. The Licensee declined to call evidence.
March 13, 2009 Hearing
- The hearing re-convened on March 13, 2009 by teleconference. The Board was advised by Mr. Alakas that he had received confirmation from Ms Middleton that the Licensee's outstanding Retail Sales debt has been remitted and that all returns have been filed. As a result, the Licensee's Retail Sales Tax account was up-to-date as of the final date of the hearing. Mr. Alakas thus requested that the NOPs be withdrawn, there being no other allegations therein. Mr. Tessier concurred with this request.
Conclusion
- In the circumstances, the Board ACCEPTS the Registrar's request that NOP number 16477 to revoke the Licence, and NOP number 16478 to refuse an application to transfer liquor licence number 200633 issued to 2072814 Ontario Ltd., operating as ALIBIS SPORTS BAR & MUSIC, 4785 Howard Avenue, Windsor, Ontario, N9G 1P8, are WITHDRAWN.
DATED AT TORONTO THIS 24th DAY OF MARCH, 2009
JACQUELINE CASTEL, BOARD MEMBER BERYL FORD, BOARD MEMBER