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-
Graciosense Ltd., operating as Bar Graciosense
Licensee/
Transfer Applicant
DECISION
Panel: Beryl Ford, Board Member
Alex McCauley, Board Member
Decision Date: May 10, 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 ) Phillip Morris, Representative
Graciosense Ltd., Licensee/ Transfer Applicant ) Randall Barrs, Representative
A hearing into Notice of Proposal number 18609 dated March 25, 2011 to refuse to transfer liquor licence number 800194 (the “licence”) issued to Bar Graciosense Ltd. (the “Transfer Applicant”), operating or intending to operate as BAR GRACIOSENSE, 2102 Dundas Street West, Toronto, Ontario, M6R 1W9, on the basis of alleged violations of subsections 6(2)(a), 6(2)(d) and 6(6) of the Liquor Licence Act (the “LLA”) was held on May 6, 2011 in the City of Toronto.
Mr. Morris and Mr. Barrs 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 transfer applicant has collected and failed to remit retail sales tax to the Ministry of Revenue, contrary to the Retail Sales Tax Act. There is an outstanding audit in the amount of $57, 271.83.
- Based on the Agreed Statement of Facts, the Board found that the Licensee breached subsection 6(2)(a), 6(2)(d) and 6(6) of the LLA.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER as follows:
The Board shall deny this application to transfer the licence at the end of business day on May 9, 2011 unless by that time the Transfer Applicant has remitted to the Minister of Revenue the amount of $5,000 in full negotiable funds.
Should the Transfer Applicant meet condition 1, the Board shall, on consent of the parties, deny this application to transfer the licence at the end of business day on May 27, 2011 unless by that time the Transfer Applicant has executed a Memorandum of Understanding with the Ministry of Revenue to the satisfaction of the Ministry.
In the event that conditions number 1 and 2 are met by the Transfer Applicant, the Board shall approve the application.
DATED AT TORONTO THIS 10 DAY OF May , 2011.
BERYL FORD, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, C.L.19, S. 16;
AND IN THE MATTER OF THE LIQUOR LICENCE TRANSFER
APPLICATION OF GRACIOSENSE LTD. OPERATING AS BAR
GRACIOSENSE, 2102 DUNDAS STREET WEST, TORONTO
LICENCE NUMBER 800194
AND IN THE MATTER OF A NOTICE OF PROPOSAL
ISSUED MARCH 25, 2011
AGREED STATEMENT OF FACTS
The transfer applicant, after consultation with counsel, and the Registrar agree to the following facts:
The transfer applicant has collected and failed to remit retail sales tax to the Ministry of Revenue, contrary to the Retail Sales Tax Act. There is an outstanding audit in the amount of $57,271.83.
Based on paragraph 1, the transfer applicant has breached s. 6(2)(a) and (d) and 6(6) of the Liquor Licence Act.
The transfer applicant has shown remorse and co-operated with the Commission.
JOINT SUBMISSION ON DISPOSITION
The transfer applicant, after consultation with counsel, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
The Board shall on consent of the parties dismiss this application to transfer at the end of business on May 9, 2011 unless by that time the transfer applicant has remitted to the Minister of Revenue the amount of $5,000 in full negotiable funds.
The Board shall on consent of the parties dismiss this application to transfer at the end of business on May 27, 2011 unless by that time the transfer applicant has executed a Memorandum of Understanding with the Ministry of Revenue to the satisfaction of the Ministry.
In the event that conditions no. 1 and 2 are met by the transfer applicant, the board shall approve the application.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 6^TH^ DAY OF MAY, 2011
RESPECTFULLY SUBMITTED,
Rui Leite Phillip Morris
for Licensee Registrar’s Counsel