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-
Cluncrow Holdings Ltd. operating as Doc Malone’s
Licensee
DECISION
Panel: Kirsti Hunt, Vice-Chair, AGCO Brian J. Ford, Board Member
Decision Date: September 9, 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 ) Rena Khan, Representative Cluncrow Holdings Ltd., Licensee ) Sarah Lynne Pinkney, On her own behalf
Allegations
- A hearing into Notice of Proposal number 18063 dated May 11, 2010 to revoke liquor licence number 203185 (the “licence”) issued to Cluncrow Holdings Ltd. (the “Licensee”), operating as DOC MALONE’S 118 Bradford Street, Barrie, Ontario, L3Z 2A3, on the basis of alleged violations of section 6 of the Liquor Licence Act (the “LLA”) was held on August 24, 2010 and August 24, 2011 in the City of Barrie.
Preliminary Matters
- Sarah Pinkney appeared on her own behalf and waived the right to be represented by a licensed representative.
Registrar’s Evidence
Mr. Douglas Stirrup is a Field Collection Officer with the Ministry of Revenue for the Province of Ontario.
Mr. Stirrup gave evidence with respect to tax that he alleged the Licensee owed to the Ministry.
Mr. Stirrup through the Registrar’s Counsel entered into evidence the following exhibits:
Exhibit 1 – A Memorandum of Understanding (“MOU”) between the Licensee and the Ministry, and
Exhibit 2 - A sheet with return dates for retail sales tax showing whether the returns were filed on time or not. The dates were from 2004 to 2010.
Licensee’s Evidence
Ms Sarah Pinkney is the 100 per cent owner of Doc Malone’s.
Ms Pinkney entered into evidence the following exhibits:
Exhibit 3 - A document, which is a summary of events with respect to Ms Pinkney’s dealing with the Ministry,
Exhibit 4 - Business account statements of Doc Malone’s with the Royal Bank of Canada, and
Exhibit 5 - A third party demand document from the Royal Bank.
The Board after hearing the evidence to this point, pointed out to both the Registrar and the Licensee that it would be in both their interests to adjourn the hearing to allow both parties time to review all the documents.
Both parties agreed to the adjournment.
The hearing reconvened on August 24, 2011 at the Holiday Inn, Barrie, Ontario.
Preliminary matters
- Ms Khan advised the Board that the parties had reached an agreement.
Agreed Statement of Facts
The Agreed Statement of Facts was read into evidence as Exhibit # 6 by Ms Khan.
The Licensee, after consultation with counsel or having being advised of the right to counsel and having waived that right, and the Registrar agree to the following facts:
The Licensee currently owes approximately $51,359.38 to the Ministry of Revenue.
The Licensee breached subsections 6(2)(a) and 6(2)(d) of the LLA.
The Licensee agreed with the Agreed Statement of Facts.
The Board finds that the Licensee breached subsections 6(2)(a) and 6(2)(d) of the LLA.
Joint Submission on Disposition
Ms Khan read the Joint Submission on Disposition into evidence as Exhibit # 7.
The Licensee and the Registrar jointly submitted that the following disposition was appropriate in the circumstances:
The MOU, entered into between the Licence holder and the Ministry of Revenue, issued on August 19, 2011 and signed on August 24, 2011, shall form Exhibit #1 to this Agreement and adhering to it shall be a condition of the liquor Licence.
In the event the MOU referred to above is breached, a new Notice of Proposal to Revoke a Licence shall be issued by the Registrar of Alcohol and Gaming. The Licence holder agrees to a hearing on an expedited basis.
It shall also be a condition of the Licence that the Licence holder will pay their Harmonized Sales Tax (“HST”) on time and in full.
- The Board having made a finding that the Licensee breached subsections 6(2)(a) and 6(2)(d) of the LLA, Orders that the following conditions, in addition to any existing conditions, be attached to the Liquor Sales Licence of Cluncrow Holdings Ltd., Operating as DOC MALONE’S, 118 Bradford Street, Barrie, Ontario, L3Z 2A3, Liquor Licence Number 203185:
The MOU, Exhibit # 1 to the Agreed Statement of Facts, must be adhered to.
The Licence holder will pay their HST on time and in full.
DATED AT TORONTO THIS 9th DAY OF September , 2011.
KIRSTI HUNT, VICE-CHAIR, AGCO BRIAN J. FORD, BOARD MEMBER
Attached