Editor’s Note: Corrigendum released December 16, 2009. Original judgment has been corrected, with text of corrigendum appended.
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-
2072814 Ontario Ltd. O/A Alibis Sports Bar & Music Café
Licensee
DECISION
Panel: Brian J. Ford, Board Member
Bruce Miller, Board Member
Decision Date: 16th December, 2009
Hearing Location: Windsor, Ontario
Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, Suite 300
Toronto, Ontario 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
2072814 Ontario Ltd., Licensee ) Robert Tessier, On his own behalf
) and on behalf of the Corporate
) Licensee
Allegations
A hearing into Notice of Proposal (“NOP”) number 17187 dated April 21, 2009 to refuse to transfer and NOP number 17188 dated April 21, 2009 to revoke liquor licence number 200633 (the “Licence”), issued to 2072814 Ontario Ltd., (the “Licensee”), operating as ALIBIS SPORTS BAR & MUSIC CAFÉ, 4785 Howard Avenue, Windsor, Ontario, N9G 1P8, pursuant to subsection 6(6) and clauses 6(2)(a), 6(2)(d) and 6(2)(f) of the Liquor Licence Act (the “LLA”), and an alleged breach of condition on the licence, was held on November 17, 2009 in the City of Windsor.
Robert (Bob) Tessier is the officer, director and shareholder of the Licensee. He appeared on his own behalf and on behalf of the Corporation and waived the right to legal representation.
The Licensee is in the process of having its business expropriated by the Ontario Ministry of Transportation and has provided a direction requiring his counsel in the expropriation matter to retain sufficient funds to pay the balance owing to the Ministry of Revenue.
Richard Kulis, 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:
The Licensee currently owes the Ministry of Revenue approximately $20,000 in unpaid retail sales tax as of November 13, 2009 and has breached its memorandum of understanding with the Ministry of Revenue.
- Based on the Agreed Statement of Facts, the Board found the Licensee admits to having breached a condition of its licence. The Board accepted the withdrawal of the remaining allegations set out in the Notices of Proposal dated April 21, 2009.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 2072814 Ontario Ltd., operating as ALIBIS SPORTS BAR & MUSIC CAFÉ, 4785 Howard Avenue, Windsor, Ontario, N9G 1P8, have the following conditions attached to liquor licence number 200633:
The Licensee shall make all payments to the Ministry of Revenue as set out in the Memorandum of Understanding dated November 17, 2009.
The Licensee shall surrender liquor licence 200633 on January 10, 2010.
DATED AT TORONTO THIS 16th DAY OF December , 2009.
BRIAN J. FORD, 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 2072814 ONTARIO LTD.
OPERATING AS ALIBIS SPORTS BAR & MUSIC CAFÉ
4785 HOWARD AVE., WINDSOR
LICENCE NUMBER 200633
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, 2009.
The Licensee currently owes the Ministry of Revenue approximately $20,000.00 in unpaid retail sales tax as of November 13, 2009 and has breached its memorandum of understanding with the Ministry of Revenue.
Based on the above-mentioned facts, the licensee admits to having breached a condition of its licence.
The Licensee is in the process of having its business expropriated by the Ontario Ministry of Transportation and has provided a direction requiring his counsel in the expropriation matter to retain sufficient funds to pay the balance owing to the Ministry of Revenue.
JOINT SUBMISSION ON
DISPOSITION
Whereas this licensee has no prior adverse record with the Board,
The Licnesee 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 200633
The Licensee shall make all payments to the Ministry of Revenue as set out in the Memorandum of Understanding dated November 17, 2009.
The Licensee shall surrender liquor licence 200633 on January 10, 2010
Should the Board accept the agreed statement of facts and order the joint submission on disposition, the Registrar shall withdraw all remaining allegations set out in the Notice of Proposal dated April 21, 2009.
Respectfully submitted this 17th day of November, 2009.
2072814 ONTARIO LTD.
Robert Tessier Joyce A. Taylor
“I have authority to bind the Corporation.” Counsel for the Registrar
Elizabeth Middleton
Ministry of Fiance
Corrigendum
Corrigendum
December 16, 2009
Joyce Taylor
Registrar’s Representative
Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East
Toronto, Ontario M2N 0A4
(Fax: 416-326-5574)
Robert Tessier
Alibis Sports Bar & Music Cafe
4785 Howard Avenue
Windsor, Ontario N9G 1P8
(By mail and email)
Re: Alibis Sports Bar & Music Cafe
Licence No. 200633
Decision dated December 16, 2009
In the Decision dated December 16, 2009, there is a typographical error in the “Appearances” section on page 2.
Pursuant to Rule 2.6 of the AGCO Revised Rules of Practice the Decision has been corrected to indicate that Joyce Taylor appeared on behalf of the Registrar, Alcohol and Gaming Commission.
No action is required on your part. If you have any questions, please contact me at 416-326-0363.
Sincerely,
Paula Konstantinidis
Manager
Hearings Department
PK/rd