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-
Admiral’s Post Pub Inc. (The) operating as Admiral’s Post Pub (The)
Licensee
DECISION
Panel: Beryl Ford, Board Member Allan Higdon, Board Member
Decision Date: May 19, 2011
Hearing Location: Barrie, 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
Admiral’s Post Pub Inc. (The), Licensee ) Leanne Calvert, On behalf of the ) corporate Licensee
A hearing into Notice of Proposal number 17477 dated August 26, 2009 to revoke liquor licence number 24747 (the “licence”) issued to Admiral’s Post Pub Inc. (The) (the “Licensee”), operating as ADMIRAL’S POST PUB (THE), 2 School House Lane, Collingwood, Ontario, L9Y 4H5, on the basis that the Licensee is disentitled to a licence under clauses 6(2)(a), 6(2)(d) and 6(2)(f) of the Liquor Licence Act (the “LLA”), was held on April 18, 2011 in the City of Barrie.
Leanne Calvert is the owner of the Licensee. She appeared on her own behalf and waived the right to be represented by a licensed representative.
Mr. Morris and Ms Calvert submitted an Agreed Statement of Facts and Joint Submission on Disposition (Exhibit #7) which form part of this decision. It was agreed and admitted that:
The Licensee has failed to remit $101,471.83 in retail sales tax to the Ministry of Revenue and Finance, contrary to the Retail Sales Tax Act.
- Based 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
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 24747 issued to Admiral’s Post Pub Inc. (The), operating as ADMIRAL’S POST PUB (THE), 2 School House Lane, Collingwood, Ontario, L9Y 4H5, be REVOKED effective the end of the business day on May 31, 2011 unless the Board receives written notification from the Ministry of Revenue and Finance that the retail sales tax debt of $101,471.83 has been paid in full prior to the end of business day May 31, 2011.
DATED AT TORONTO THIS 19^th^ DAY OF May , 2011.
BERYL FORD, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER
Attached
IN THE MATTER OF
ADMIRALS POST PUB
LICENCE NO. 24747
NOTICE OF PROPOSAL NO. 17477
AGREED STATEMENT OF FACTS
The Licensee, having been advised of the right to counsel and having waived that right, and the Registrar agree to the following facts:
The Licensee has failed to remit $101,471.83 in retail sales tax to the Ministry of Revenue and Finance, contrary to the Retail Sales Tax Act.
The Licensee has hereby breached section 6(2)(a) of the Liquor Licence Act.
The Licensee has a letter of intent to sell the business with a closing date of May 15, 2011.
JOINT SUBMISSION ON DISPOSITION
The Licensee, having been advised of the right to counsel and waived that right, and the Registrar submit that the following disposition is appropriate as a matter of specific and general deterrence:
- The Board hereby revokes the liquor licence no. 24747 effective end of business day May 31, 2011 unless the Board receives notice from the Minister of Revenue and Finance prior to the end of business day May 31, 2011 that the retail sales tax debt has been paid in full with full negotiable payment
Dated at Barrie this 14^th^ day of April, 2011.
Leanne Calvert Phillip Morris
For the Licensee Registrar’s Counsel