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-
VC’s Bar & Grill Ltd., operating as VC’s Bar & Grill
Licensee
DECISION
Panel: Kirsti Hunt, Vice-Chair, AGCO Patricia McQuaid, Vice-Chair, AGCO
Decision Date: February 8, 2011
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 ) Aviva Harari, Representative VC’s Bar & Grill Ltd., Licensee ) Ira Greenspoon, Representative
A hearing into Notice of Proposal number 18234 dated August 19, 2010 to refuse to renew liquor licence number 24630 (the “licence”) issued to VC’s Bar & Grill Ltd. (the “Licensee”), operating as VC’S BAR & GRILL, 2520 Jane Street, North York, Ontario, M3L 1S1, on the basis of alleged violation of sections 6(2)(a) and 6(2)(d) of the Liquor Licence Act (the “LLA”) was held on February 1, 2011 in the City of Toronto.
Ms Harari and Mr. Greenspoon submitted an Agreed Statement of Facts and Joint Submission on Disposition (Exhibit # 1) which form part of this decision. It was agreed and admitted that:
The Licensee currently owes the Ministry of Revenue $109,670.73 in arrears of retail sales tax, penalties and interest.
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 24630 issued to VC’s Bar & Grill Ltd., operating as VC’S BAR & GRILL, 2520 Jane Street, North York, Ontario, M3L 1S1:
The Licensee shall enter into a Memorandum of Understanding with the Ministry of Revenue, within 5 days from the date of the hearing;
The Licensee shall adhere to the terms of the Memorandum of Understanding with the Ministry of Revenue as a condition of its licence;
The Licensee shall pay to the Ministry of Revenue the sum of $20,000.00, by certified cheque, by end of business day on February 1, 2011;
The Licensee shall ensure that all retail sales tax returns are filed on time with full negotiable payment for the duration of the period while the Memorandum of Understanding is in effect.
DATED AT TORONTO THIS 8 DAY OF FEBRUARY , 2011.
KIRSTI HUNT, VICE-CHAIR, AGCO PATRICIA MCQUAID, VICE-CHAIR, AGCO
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 VC’S BAR & GRILL LTD. OPERATING AS
VC’S BAR & GRILL, 2520 JANE STREET, NORTH YORK
LICENCE NUMBER 24630
AGREED STATEMENT OF FACTS
The Licensee, represented by counsel, agrees with Registrar’s counsel to the following facts in relation to the Notice of Proposal number 18234:
- The Licensee currently owes the Ministry of Revenue $109,670.73 in arrears of retail sales tax, penalties and interest.
JOINT SUBMISSION ON DISPOSITION
The Licensee, through its counsel, submits with Registrar’s counsel that the following disposition is appropriate in these circumstances:
- The following conditions shall be attached to liquor licence 24630:
(a) The Licensee shall enter into Memorandum of Understanding with the Ministry of Revenue, within 5 days from the date of the hearing;
(b) The Licensee shall adhere to the terms of the Memorandum of Understanding with the Ministry of Revenue as a condition of its licence;
(c) The Licensee shall pay to the Ministry of Revenue the sum of $20,000.00, by certified cheque, by end of business day on February 1, 2011;
(d) The Licensee shall ensure that all retail sales tax returns are filed on time with full negotiable payment for the duration of the period while the Memorandum of Understanding is in effect.
Respectfully submitted this 1st day of February, 2011.
VC’s Bar and Grill Ltd.
Ira Greenspoon Aviva R. Harari
Counsel for VC’s Bar & Grill Ltd. Counsel for the Registrar