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-
1329701 Ontario Inc. O/A Kildare House
Licensee
DECISION
Panel: S. Grace Kerr, Board Member Bruce S. Miller, Board Member
Decision Date: June 1, 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 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 1329701 Ontario Inc., Licensee ) Heath Chantler, On his own behalf ) and on behalf of the Corporate ) Licensee
A hearing into Notice of Proposal number 17074 dated March 3, 2009 to revoke liquor license number 201542 issued to 1329701 Ontario Inc., operating as KILDARE HOUSE, 1880 Wyandotte Street East, Windsor, Ontario, N8Y 1E3, on the basis of an alleged violation of section 6 of the Liquor Licence Act, was held on May 20, 2009 in the City of Windsor.
Heath Chantler 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.
Joyce Taylor, Registrar’s Representative, and the Licensee submitted an Agreed Statement of Facts (Exhibit #1A) and Joint Submission on Disposition (Exhibit #1B) which form part of this decision. It was agreed and admitted that:
The Licensee currently owes the Ministry of Revenue $21,282.74 in arrears of retail sales tax, penalties and interest.
The Licensee has made significant efforts to reduce the arrears, including a payment of $8,000 on May 13, 2009, and has committed to paying the arrears promptly.
The Licensee has entered into a Memorandum of Understanding (Exhibit #2) with the Ministry of Revenue setting out a schedule of paying off all remaining arrears.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the following conditions be added to liquor licence number 201542 issued to 1329701 Ontario Inc., operating as KILDARE HOUSE, 1880 Wyandotte Street East, Windsor, Ontario, N8Y 1E3:
The Licensee shall comply with the Memorandum of Understanding dated May 20, 2009 with the Ministry of Revenue and commencing May 26, 2009 shall make payments of $1,000 per week to be applied against the outstanding arrears of retail sales tax penalties and interest.
The Licensee shall ensure that all retail sales tax returns are filed on time with full negotiable payment for the duration of the period wile the Memorandum of Understanding is in effect.
DATED AT TORONTO THIS 1st DAY OF June , 2009.
S. GRACE KERR, BOARD MEMBER BRUCE S. MILLER, BOARD MEMBER
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 1329701 ONTARIO INC. OPERATING AS
KILDARE HOUSE 1880 WYANDOTTE ST. E., WINDSOR
LICENCE NO: 201542
NOP NO: 17074
AGREED STATEMENT OF FACTS
The Licensee who has been advised of the right to counsel and having waived that right and chose to proceed without agrees with Registrar’s counsel to the following facts in relation to the Notice of Proposal number 17074:
The Licensee currently owes the Ministry of Revenue $21,282.74 in arrears of retail sales tax, penalties and interest.
The Licensee has made significant efforts to reduce the arrears, including a payment of $8,000 on May 13, 2009, and has committed to paying the arrears promptly.
The Licensee has entered into a Memorandum of Understanding (Exhibit #2) with the Ministry of Revenue setting out a schedule of paying off all remaining arrears.
JOINT SUBMISSION ON DISPOSITION
The Licensee who has been advised of the right to counsel and having waived that right and chose to proceed without a lawyer submits with Registrar’s counsel that the following disposition is appropriate in these circumstances:
- The following condition shall be attached to liquor licence 201542:
(a) The Licensee shall comply with the Memorandum of Understanding dated May 20, 2009 with the Ministry of Revenue and commencing May 26, 2009 shall make payments of $1,000 per week to be applied against the outstanding arrears of retail sales tax penalties and interest.
(b) The Licensee shall ensure that all retail sales tax returns are filed on time with full negotiable payment for the duration of the period wile the Memorandum of Understanding is in effect.
Respectfully submitted this 20th day of May 2009
1329701 ONTARIO INC.
Heath Chantler Joyce A. Taylor
“I have authority to bind the Counsel for the Registrar
Corporation.”