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-
Metaforia Restaurant Cafe Ltd., operating as 93 Harbord Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO Eleanor Meslin, Board Member
Decision Date: December 22, 2010 Hearing Location: Toronto, 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: Rena Khan, Representative Metaforia Restaurant Ltd., Licensee: Ron Hatcher, Representative
[1]. A hearing into Notice of Proposal number 18209 dated July 21, 2010 to revoke liquor licence number 810354 (the “licence”) issued to Metaforia Restaurant Cafe Ltd. (the “Licensee”), operating as 93 HARBORD, 93 Harbord Street, Toronto, Ontario, M5S 1G4 on the basis of alleged violations of section 6 of the Liquor Licence Act (the “LLA”) was held on November 30, 2010 in the City of Toronto.
[2]. Ms Khan and Mr. Hatcher 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 $43,680.03 to the Ministry of Revenue, a breach of section 6(2)(a) of the LLA.
[3]. The Agreed Statement of Facts also refers to a breach of section 6(2)(d) of the LLA, which the Board accepts, but in the circumstances the Board is prepared to suspend any sanction in respect of such a breach given that the Licensee has cooperated with the Commission, shown remorse and has agreed to the imposition of terms as set out in the Order below.
Order
[4]. Therefore, having considered the Agreed Statement of Facts and the Joint Submission on Disposition, the Board confirms its oral ORDER that the following conditions, to which the Licensee has agreed to adhere, be added to liquor licence number 810354 issued to Metaforia Restaurant Cafe Ltd., operating as 93 HARBORD, 93 Harbord Street, Toronto, Ontario, M5S 1G4:
The Licensee, which currently owes $43,680.03 to the Ministry of Revenue, will make two (2) payments in the amount of $21,840.02 by certified funds on or before February 28, 2011 and May 31, 2011 to the Ministry of Revenue.
The total amount of $43,680.03 is subject to accrued interest which will also be paid on May 31, 2011. The Licensee will contact Sean Kirkey, Field Collections Officer, Ministry of Revenue or his successor prior to May 31, 2011 to determine the accrued interest owing on the May 31, 2011 payment.
If there is a breach of paragraphs 1 or 2 above, the Licensee agrees to a hearing before the Board of the Alcohol and Gaming Commission of Ontario on an expedited basis, which will commence ten (10) days within the issuance of the Notice of Proposal to Revoke a licence, if so required by the Registrar of the Alcohol and Gaming Commission of Ontario.
DATED AT TORONTO THIS 22nd DAY OF December , 2010.
PATRICIA MCQUAID, VICE-CHAIR, AGCO ELEANOR MESLIN, 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 METAFORIA RESTAURANT CAFÉ LTD. OPERATING AS 93 HARBORD LICENCE NO. 810354
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED JULY 21, 2010 NUMBER 18209
AGREED STATEMENT OF FACTS
The Licensee, after consultation with counsel or having being advised of the right to counsel and having waived that right, and the Registrar agree to the following facts:
The Licensee breached subsections 6(2)(a) and 6(2)(d) of the Liquor Licence Act.
The Licensee has shown remorse and co-operated with the Commission.
The Licensee has no prior record of discipline imposed by the Board.
JOINT SUBMISSION ON DISPOSITION
The Licensee, after consultation with counsel and the Registrar jointly submit that the following disposition is appropriate in the circumstances:
The Licensee currently owes $43,680.03 to the Ministry of Revenue. The Licensee will make two (2) payments in the amount of $21,840.02 by certified funds on or before February 28, 2011 and May 31, 2011 to the Ministry of Revenue.
The total amount $43,680.03 is subject to accrued interest which will also be paid on May 31, 2011. The Licensee will contact Sean Kirkey, Field Collections Officer, Ministry of Revenue or his successor prior to May 31, 2011, to determine the accrued interest owing on the May 31, 2011 payment.
If there is a breach of paragraphs 1 or 2 above, the Licensee agrees to a hearing before the Board of the Alcohol and Gaming Commission of Ontario on an expedited basis, which will commence 10 days within the issuance of the Notice of Proposal to Revoke a licence, if so required by the Registrar of the Alcohol and Gaming Commission of Ontario.
It will be a condition of the licence that the Licensee will adhere to this Joint Submission on Disposition.
Dated at Toronto this 30th day of November, 2010
Respectfully Submitted,
Isam Ismael Kaisi Licensee
Rena Khan Registrar’s Counsel