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
order
Panel: Brian J. Ford, Board Member Grace Kerr, Board Member
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
Background
The 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 (“the hearing”).
On July 27, 2010, the Board issued a Decision in respect of the hearing (“the Decision”).
Paragraph 4 of the Decision provides as follows:
“4. Having 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.”
Registrar’s Representations
By letter dated October 27, 2010, Phillip Morris, the Registrar’s representative, advised the Board that, according to the Ministry of Revenue, the applicant failed to remit the retail sales tax by July 30, 2010. A copy of that letter is attached as Exhibit 1.
Mr. Morris requests an order dismissing the transfer application.
Reasons
- Based on the Registrar’s representations, the Board finds that the Applicant has not remitted the retail sales tax by July 30, 2010. The Board’s Decision requires that, in that event, the transfer application should be dismissed, and the Board orders accordingly.
Order
- For the above reasons, 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.
DATED AT TORONTO THIS 11th DAY OF January , 2011.
BRIAN J. FORD, BOARD MEMBER S. GRACE KERR, BOARD MEMBER
Attached