LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: A.T.F. COURIER (LDS) 71 Wise Crescent Hamilton, Ontario L8T 2L6
Licensee: Layla Govani Licence Number: 39315
Notice of Proposal: To SUSPEND a Licence Dated January 3, 2007
The Proposal alleges that:
(a) Contrary to paragraph 15.3 of Ontario Regulation 718/90 under the Liquor Licence Act, the licence holder failed to record on an order form the address of the licence holder and the name of the purchaser:
(b) Contrary to paragraph 15.4 of Ontario Regulation 718/90 under the Liquor Licence Act, the licence holder failed to deliver the liquor to a person at the residential address listed in the purchase order;
(c) Contrary to paragraph 15.5 of Ontario Regulation 718/90 under the Liquor Licence Act, the licence holder failed to obtain a receipt at the time of delivery, which included the name of the person making the delivery;
(d) Contrary to paragraph 15.6 of Ontario Regulation 718/90 under the Liquor Licence Act, the licence holder completed the delivery of liquor without obtaining a signed receipt;
(e) Contrary to subsection 16(2) of Ontario Regulation 718/90 under the Liquor Licence Act, a copy of the licence to deliver liquor was not carried at all times during the purchase and delivery of liquor;
(f) Contrary to subsection 18(1) of Ontario Regulation 718/90 under the Liquor Licence Act, the licence holder carried on business under a name other than the name on the licence;
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, 3rd Floor Toronto, Ontario M2N 0A4
March 22, 2007, via teleconference
Presiding Board Member: Kirsti Hunt, Vice Chair
Counsel for the
Registrar: Phillip Morris
Attendance: Deborah Verticchio
Exhibits: #1 Agreed Statement of Facts #2 Joint Submission on Disposition
D E C I S I O N and O R D E R
WHEREAS the Board of the Alcohol and Gaming Commission of Ontario (“AGCO”) held a hearing via teleconference on March 22, 2007, pursuant to a Notice of Proposal dated January 3, 2007, to suspend the liquor delivery licence issued to Layla Govani, operating as A.T.F. COURIER (LDS), 71 Wise Crescent, Hamilton, Ontario, L8T 2L6, licence number 39315;
AND WHEREAS Deborah Verticchio, appeared as agent for the licensee who waived her right to be represented by legal counsel;
AND WHEREAS the hearing proceeded by way of a written Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) submitted by Counsel for the Registrar and Ms. Verticchio, appearing on behalf of the licensee, which are attached hereto and form part of this decision. With reference to the particulars of the allegations, it was agreed and admitted that:
On June 1, 2006, a liquor inspector found that the licensee failed to record the name of the purchaser on the order form for a liquor delivery. The licensee also failed to obtain any receipt, let alone a signed receipt for the liquor delivery.
On June 8, 2006, a liquor inspector found that the licensee failed to obtain a signed receipt for a liquor delivery.
On July 25, 2006, a liquor inspector found that the licensee delivered liquor to a non-residential address.
The employee who was involved in the infractions is no longer employed by the licensee and the licensee has undertaken to ensure that this will not take place again.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsections 15.3, 15.4, 15.5, and 15.6 of Ontario Regulation 718/90 as amended under the Liquor Licence Act. The Board accepted the withdrawal of all other allegations contained in the Notice of Proposal dated January 3, 2007;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor delivery licence issued to Layla Govani, operating as A.T.F. COURIER (LDS), 71 Wise Crescent, Hamilton, Ontario, L8T 2L6, licence number 39315, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 12:00 a.m. midnight on June 11, 2007, and CONTINUE until 11:59 a.m. on June 24, 2007.
DATED AT TORONTO THIS 26th DAY OF MARCH, 2007.
KIRSTI HUNT, VICE CHAIR
KH/rb
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 LAYLA GOVANI OPERATING AS A.T.F. COURIER (LDS), 71 WISE CRESCENT, HAMILTON LICENCE NO. 39315
AGREED STATEMENT OF FACTS
The Licensee, has been advised of her right to counsel, and having waived that right and chosen to proceed with an agent instead of a lawyer, agrees with Registrar’s counsel to the following facts in relation to the Notice of Proposal to suspend a licence dated January 3, 2007:
On June 1, 2006, a liquor inspector found that the licensee failed to record the name of the purchaser on the order form for a liquor delivery. The licensee also failed to obtain any receipt, let alone a signed receipt for the liquor delivery.
On June 8, 2006, a liquor inspector found that the licensee failed to obtain a signed receipt for a liquor delivery.
On July 25, 2006, a liquor inspector found that the licensee delivered liquor to a non-residential address.
Based on the aforementioned facts the licensee admits to having breached s. 15.3, 15.4, 15.5 and 15.6 of Ontario Regulation 718/90 as amended.
The employee who was involved in the infractions is no longer employed by the licensee and the licensee has undertaken to ensure that this will not take place again.
JOINT SUBMISSIONS ON DISPOSITION
Whereas the Licensee has no prior adverse record before the Board,
The Licensee, who has been advised by counsel and Registrar’s counsel submit that the following disposition is appropriate in these circumstances:
A fourteen (14) day suspension of liquor licence 39315 commencing on June 11, 2007 at 12:00 a.m. midnight and continuing until 11:59 p.m. on June 24, 2007.
Should the Board accept the Agree Statement of Facts and order the Joint Submission on Disposition, the Registrar shall withdraw all remaining allegations set out in the Notice of Proposal dated January 3, 2007.
Submitted this 20th day of March, 2007.
Layla Govani Phillip Morris Licensee For Joyce A. Taylor Registrar’s Counsel
Deborah Verticchio Agent for the Licensee