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 Ontario Registrar
-and-
1648287 Ontario Ltd. operating as Queen’s Tavern Licensee
DECISION
Panel: Allan Higdon, Board Member Beryl Ford, Board Member
Decision Date: , 2011 Hearing Location: Barrie, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 200 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 ) Lorenzo Policelli, Representative 1648287 Ontario Ltd., Licensee ) Derk Zantinge, on his own behalf ) and on behalf of the Corporation
A hearing into Notice of Proposal number 18477 dated January 7, 2011 to revoke liquor licence number 91294 (the “licence”) issued to 1648287 Ontario Ltd. (the “Licensee”) operating as QUEEN’S TAVERN, 164 George Street, Arthur, Ontario, N0G 1A0, 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.
Derk Zantinge is the sole officer, director and shareholder of the Licensee. He appeared on his own behalf and on behalf of the Corporation and waived the right to be represented by a licensed legal representative.
Counsel for the Registrar, Mr. Policelli and Mr. Zantinge entered into a Memorandum of Understanding (“MOU”) with the Ministry of Revenue and Finance on February 2, 2010 whereby Mr. Zantinge would make payments in accordance with the MOU and committed to paying $7,000 as an initial payment and $1,752.71 monthly between March 15, 2010 and November 15, 2010 to settle the outstanding debt to the Ministry of Revenue and Finance, (Exhibit 1).
Mr. Zantinge made the first two payments but he ceased to make any further payments on the outstanding balance.
There is still an outstanding balance as of April 18, 2011 of $28,704.02, (Exhibit 2).
Based on the foregoing, and as agreed by the partners, there is a breach of clause 6(2)(a) of the LLA.
Mr. Zantinge has agreed to enter into a new MOU with the Ministry of Revenue and Finance, which will resolve all outstanding payments and outstanding arrears by June 30, 2011.
Order
- Therefore, having considered the joint submission on disposition made orally by the parties, the Board confirms its oral ORDER as follows:
(a) That liquor licence number 91294 issued to 1648287 Ontario Ltd. operating as QUEEN’S TAVERN, 164 George Street, Arthur, Ontario, N0G 1A0 enter into a new Memorandum of Understanding with the Ministry of Revenue and Finance and that the amount of taxes plus accrued interest be paid in full by the Licensee to settle all outstanding debt owed to the Ministry of Revenue and Finance by the end of business day June 30, 2011.
(b) In the event that the terms of the new MOU are breached with the result that the debt owed is not paid by the end of business day of June 30, 2011, the Board hereby REVOKES licence number 91294 issued to 1648287 Ontario Ltd. operating as QUEEN’S TAVERN, 164 George Street, Arthur, Ontario, N0G 1A0 effective July 1, 2011 at 11 a.m.
DATED AT TORONTO THIS 30 DAY OF MAY , 2011.
ALLAN HIGDON, BOARD MEMBER BERYL FORD, BOARD MEMBER