Registrar, Alcohol and Gaming Commission of Ontario v. Casa Bella Vista Banquet Hall Inc., 2010 CanLII 81032

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-

Casa Bella Vista Banquet Hall Inc. operating or intending to operate as Casa Bella Vista Banquet Hall

Applicant

DECISION

Panel: Brian J. Ford, Board Member Grace Kerr, Board Member

Decision Date: July 27, 2010

Hearing Location: Kitchener, Ontario

Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto, Ontario 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 ) Phillip Morris, Representative Sol-Mar Banquet Hall Inc., Licensee ) Harald Mattson, Representative

1The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 17863 dated February 9, 2010 (the “NOP”) to refuse to transfer liquor licence number 809214 held by Sol-Mar Banquet Hall Inc. operating as SOL-MAR BANQUET HALL INC., to Casa Bella Vista Banquet Hall Inc. (the “Applicant”) operating or intending to operate as CASA BELLA VISTA BANQUET HALL, 248 Stirling Avenue South, Southwood Plaza, Unit # 18, Kitchener, Ontario, N2G 4L1 (the “establishment”), on the basis that the Applicant would be disentitled to a licence under subsections 6(2)(a), 6(2)(d) and 6(6) of the Liquor Licence Act (the “LLA”). A hearing of the application was held on July 9, 2010 in the City of Kitchener.

2Mr. Morris and Mr. Mattson 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:

a. The applicant commenced business operations in November 2008.

b. The applicant failed to remit $5,975.71 in retail sales tax to the Ministry of Revenue, contrary to the Retail Sales Tax Act and subsection 6(2)(a) of the Liquor Licence Act, between November 2008 and March 2010.

3Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 6(2)(a) of the LLA. The Board accepted the withdrawal of the remaining allegations.

Order

4Having considered the Joint Submission on Disposition, the Board DISMISSES the transfer of liquor licence number 809214 held by Sol-Mar Banquet Hall Inc. operating as SOL-MAR BANQUET HALL INC., to Casa Bella Vista Banquet Hall Inc. operating or intending to operate as CASA BELLA VISTA BANQUET HALL, 248 Stirling Avenue South, Southwood Plaza, Unit # 18, Kitchener, Ontario, N2G 4L1, effective July 30, 2010. If, prior to the end of business on July 30, 2010, the Board receives written notification from the Ministry of Revenue that the applicant has remitted to the Ministry $5, 975.71 in full negotiable payment, the Board shall APPROVE the issuance of the licence.

DATED AT TORONTO THIS 27th DAY OF July , 2010.

BRIAN J. FORD, BOARD MEMBER GRACE KERR, BOARD MEMBER

Attached

IN THE MATTER OF SOL-MAR BANQUET HALL AND IN THE MATTER OF CASA BELLA VISTA BANQUET HALL AND IN THE MATTER OF LIQUOR LICENCE OF NO. 80921 AND IN THE MATTER OF NOTICE OF PROPOSAL NO. 17863 TO REFUSE TO TRANFER OF A LICENCE

AGREED STATEMENT OF FACT

The applicant having been advised by legal counsel, and the Registrar agree to the following facts:

1. The applicant commenced business operations in November 2008.

2. The applicant failed to remit $5975.71 in retail sales tax to the Ministry of Revenue, contrary to the Retail Sales Tax Act and s. 6(2)(a) of the Liquor Licence Act, between Nov. 2008 and March 2010.

JOINT SUBMISSION ON DISPOSITION

The applicant, having been advised by counsel, and the Registrar submit that the following disposition is appropriate as a matter of specific and general deterrence:

1. The Board shall dismiss the transfer of liquor licence no. 809214 effective July 30, 2010. If, prior to the end of business on July 30, 2010, the Board receives written notification from the Ministry of Revenue that the applicant has remitted to the Ministry $5975.71 in full negotiable payment, the Board shall approve the issuance of the licence.