The Simmering Kettle continues to remain open for in-house dining despite provincial stay-at-home orders, but the fines keep piling up for the south-end Barrie restaurant.
Today, the City of Barrie formally charged the restaurant owner for operating without a business licence.
A video posted to social media on Wednesday by Simmering Kettle owner Shalu Persaud shows two Barrie bylaw enforcement officers attending the Bryne Drive eatery and Persaud unlocking the door to speak to them.
In the video, one of the bylaw officers says the reason they were there was because Simmering Kettle’s business licence had expired Feb. 2. The officer states there was a licence renewal application sent 60 days before the expiration date and a phone call in March as a second reminder.
After being told she was being charged for operating without a City of Barrie business licence, Persaud responds to the bylaw officers.
“I am operating under common law, just so you guys understand, because I’ve always renewed my business licence in the past, but we’re in very uncertain times right now and I don’t know what is going on,” she said. “But I am operating under common law and I do not consent to contract with your corporation, and that is my reasoning for not renewing it.”
One of the bylaw officers then tells Persaud she has until Friday to renew the licence or she could face further legal action.
In an email to BarrieToday, City of Barrie enforcement services manager Tammy Banting said she wasn’t able to speak to specific cases, but she could explain how fines and further action could work.
“The initial fine, by way of ticket, is $485. However, should we proceed with bringing the matter before the courts, the fines can be upward of $100,000 pending the court decision,” Banting said.
“Should any business fail to obtain or renew their municipal licence, further legal action can be taken as noted above whereby the matter can be brought before the courts, where the courts will decide the fate such as fines and up to or including closure orders," she added.
This most recent action from the City of Barrie follows the revocation of Simmering Kettle's liquor licence on Tuesday by the Alcohol and Gaming Commission of Ontario when two AGCO agents visited the restaurant.
In that instance, Persaud also told the AGCO inspectors that she did believe they had any authority over her business and referred to a prepared statement she had attached to a clipboard.
“I, Shalu of the Persaud Tribe, am under common law and you have no jurisdiction over me,” she told the AGCO officials. “If I have broken no laws and you can’t prove that I have caused any harm to any man, woman or some property, then let me know.”
In a news release issued on Tuesday, the AGCO said the order of interim suspension of Simmering Kettle's liquor licence was "for reasons of public interest and safety.”
On the weekend, a pair of AGCO agents were shouted at by a group of people inside the restaurant, including being told to "get out," that they were "not welcome here," and that they were trespassing. The AGCO inspectors eventually left. Persaud shared that video to her personal Facebook page with the words "this is my tribe!!!! I LOVE Canada! Time to STAND UP!"
On Tuesday, Persaud told BarrieToday she will continue to stay open, and that it wasn't about serving food or alcohol.
"It's about being able to breathe, and walk and talk when you feel like it and not when someone dictates it to you,” said Persaud, who added people have been coming to her restaurant from all over Ontario to show their support.
