FORM 10-K/A
 
x ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGEACT OF 1934
 
For the fiscal year ended April 30, 2009
 
o TRANSITION REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGEACT OF 1934
 
For the transition period from __________ to __________
 
Commission File Number 33-55254-10
 
Drinks Americas Holdings, Ltd.
(Exact name of small business issuer as specified in its charter)

Delaware
87-0438825
(State or other jurisdiction of
(I.R.S. Employer
incorporation or organization)
Identification No.)
 
372 Danbury Road
Wilton, CT 06897
(Address of principal executive offices)

(203) 762-7000
(Issuer's telephone number)
 
Securities registered under Section 12(b) of the Exchange Act: (none)
 
Securities registered under Section 12(g) of the Exchange Act: Common
Stock, $.001 par value per share
 
Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes o  No x

Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. Yes o   No x

Indicate by check mark whether the issuer (1) filed all reports required to be filed by Section 13 or 15(d) of the Exchange Act during the past 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes x No o

Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files). Yes o   No x

Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and will not be contained, to the best of registrant's knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K. o

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act. (Check one):

Large accelerated filer o
Accelerated filer o
   
Non-accelerated filer o
Smaller reporting company  x

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). o Yes x No

The aggregate market value held by non-affiliates of the registrant based on the October 31, 2008 closing price was approximately $14,827,622 . The registrant had 94,016,716 shares of common stock outstanding at July 31, 2009.

DOCUMENTS INCORPORPORATED BY REFERENCE

None


 
EXPLANATORY NOTE

Drinks Americas Holdings, Ltd. (the “Company”) is filing this amendment to its Form 10-K filing for the fiscal year ended April 30, 2009, initially filed with the Securities and Exchange Commission (the “SEC”) on August 13, 2009, to amend the disclosure provided under Item 9A(T) Controls and Procedures, which Item is amended and restated in its entirely.
 
 
ITEM 9A(T). CONTROLS AND PROCEDURES
 
MANAGEMENT’S ANNUAL REPORT ON INTERNAL CONTROL OVER FINICAL REPORTING

Our management is responsible for establishing and maintaining adequate internal control over financial reporting as defined in Rules 13a-15(f) and 15d-15(f) under the Exchange Act. Our internal control over financial reporting is designed to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles. Our internal control over financial reporting includes those policies and procedures that are intended to:

 
1.
pertain to the maintenance of records that, in reasonable detail, accurately and fairly reflect the transactions and dispositions of our assets;

 
2.
provide reasonable assurance that transactions are recorded as necessary to permit reparation of financial statements in accordance with generally accepted accounting principles, and that our receipts and expenditures are being made only in accordance with authorizations of our management and directors; and

 
3.
provide reasonable assurance regarding prevention or timely detection of unauthorized acquisition, use, or disposition of our assets that could have a material effect on our financial statements.
 
Because of its inherent limitations, internal control over financial reporting may not prevent or detect misstatements. Also, projections of any evaluation of effectiveness to future periods are subject to the risk that controls may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate.
 
Management's assessment of the effectiveness of the small business issuer's internal control over financial reporting is as of the year ended April 30, 2009. We believe that internal control over financial reporting is effective. We have not identified any, current material weaknesses considering the nature and extent of our current operations and any risks or errors in financial reporting under current operations.   In   making this assessment, management used the criteria set forth in the   Internal   Control-Integrated Framew ork issued by the Committee   of Sponsoring Organizations of the Treadway Com mission .
 
This annual report does not include an attestation report of the Company's registered public accounting firm regarding internal control over financial reporting. Management's report was not subject to attestation by the Company's registered public accounting firm pursuant to temporary rules of the SEC that permit the Company to provide only management's report in this annual report.
 
There was no change in our internal control over financial reporting that occurred during the fiscal quarter ended April 30, 2009, that has materially affected, or is reasonably likely to materially affect, our internal control over financial reporting.



SIGNATURES
 
In accordance with Section 13 or 15(d) of the Exchange Act, the registrant caused this Form 10-K to be signed on its behalf by the undersigned, thereunto duly authorized, on December 15, 2009.

Drinks Americas Holdings, Ltd.
 
By: /s/ J. Patrick Kenny
J. Patrick Kenny -
Chief Executive Officer/Acting Chief Accounting Officer
 

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