Registrar, Alcohol and Gaming Commission of Ontario v. 1392099 Ontario Inc., 2011 CanLII 45125

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-

1392099 Ontario Inc. operating as Hoops Sports Bar & Grill Licensee

DECISION

Panel: Patricia McQuaid, Vice-Chair, AGCO Allan Higdon, Board Member

Decision Date: June 14, 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 1392099 Ontario Inc., Licensee ) Jerry Levitan, Representative of the Corporate Licensee and of Sritharan Mylvaganam and Eesan Subramaniam

1. A hearing into Amended Notice of Proposal number 18568 dated March 14, 2011 (the “Amended NOP”) to refuse to renew liquor licence number 25170 (the “licence”) issued to 1392099 Ontario Inc. (the “Licensee”), operating as HOOPS SPORTS BAR & GRILL, 458 Yonge Street, Toronto, Ontario, M4Y 1W9, on the basis of alleged violations of sections 6(2)(d) and 6(2)(e) of the Liquor Licence Act (the “LLA”), was held on June 8, 2011 in the City of Toronto.

2. Mr. Morris and Mr. Levitan submitted Minutes of Settlement (Exhibit 1), and in consideration thereof, the Registrar agreed to withdraw the Amended NOP.

3. Therefore, having considered the Minutes of Settlement and after hearing submissions from Mr Morris and Mr. Levitan, the Board accepted the withdrawal of the Amended NOP.

DATED AT TORONTO THIS 14^th^ DAY OF June , 2011.

PATRICIA MCQUAID, VICE-CHAIR, AGCO ALLAN HIGDON, BOARD MEMBER

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 1392099 ONTARIO INC. OPERATING AS HOOPS SPORTS BAR & GRILL, 458 YONGE STREET, TORONTO LICENCE NO. 25170

AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED NO. 18554

Minutes of Settlement

1. Sritharan Mylvaganam is the sole officer, shareholder and director of the corporate licensee. On Nov. 22, 2010, Mr. Mylvaganam was convicted of sexual assault of a female employee and sentenced to a conditional sentence of imprisonment of 3 months. He is in the process of appealing the conviction. He failed to disclose the charges in his personal history report.

2. The licensee has no prior record of discipline imposed by the Board.

3. The Registrar agrees to withdraw the Notice of Proposal to Refuse to Renew the licence on the following basis:

   1. Eesan Subramaniam will file a transfer application for the business within 1 day of the withdrawal of the Notice of Proposal.
   2. The parties agree as a condition of the licence that, while the transfer application is being processed, Sritharan Mylvaganam shall not be involved in the financing or operation of the business, including as a manager or employee.
   3. The parties agree that if the transfer is approved, a condition of the licence shall be that Sritharan Mylvaganam shall not be involved in the financing or operation of the business, including as a director, officer, shareholder, manager, or employee, or be allowed on the premises.
   4. In the event that the licence is not transferred and the Registrar reissues the Notice of Proposal, the parties agree to an expedited hearing.

Dated at Toronto this 8^th^ day of June, 2011

Phillip Morris Eesan Subramaniam Registrar’s Counsel

Sritharan Mylvaganam Jerry Levitan For the corporate licensee Counsel to the corporate license, Sritharan Mylvaganam and Eesan Subramaniam