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 Ontario
Registrar
-and-
Branch Finance Corporation Limited O/A Access Taxi (LDS)
Licensee
DECISION
Panel: Kirsti Hunt, Vice-Chair Bruce Monteith, Member
Decision Date: , 2007
Hearing Location: Smith Falls, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone (416) 326-0366 Fax (416) 326-5566 Website: www.agco.gov.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Phillip Morris, Representative
Branch Finance Corporation Limited, Licensee ) Richard Knott, Representative
A hearing into a Notice of Proposal dated April 5, 2007 to suspend liquor license number 39710 issued to Branch Finance Corporation Limited and operating as Access Taxi (LDS), 5 Chambers St., Smiths Falls, ON, K7A 4T6, on the basis of alleged violations of paragraphs 15.4 and 15.5 of Ontario Regulation 718/90 (O. Reg.) made pursuant to the Liquor Licence Act (LLA) was held on July 12, 2007 in the City of Smiths Falls.
Phillip Morris, Registrar’s Representative, and Richard Knott, Licensee’s Representative submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision. It was agreed and admitted that:
(i) On January 20, 2007, the Licensee delivered liquor to an undercover liquor inspector at the front entrance of the Community Centre in Smith Falls.
(ii) On numerous occasions, the Licensee failed to properly complete all the required information on the liquor delivery receipts, including any of the following: first and last name, signature and full residential address including apartment. On most of these occasions, this information could be tracked through the liquor order and delivery record.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached paragraphs 15.4 and 15.5 of O.Reg.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to Branch Finance Corporation Limited and operating as Access Taxi (LDS), 5 Chambers St., Smiths Falls, ON, K7A 4T6, licence number 39710 be suspended for TWENTY ONE (21) consecutive days to COMMENCE at 12:01 a.m. on September 3, 2007, and CONTINUE until 12:00 p.m. on September 23, 2007.
DATED AT TORONTO THIS 27th DAY OF JULY 2007.
KIRSTI HUNT, VICE-CHAIR BRUCE MONTEITH, MEMBER
KH/mw
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF ACCESS TAXI (LDS)
LICENCE NO. 0039710
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED APRIL 5, 2007
AGREED STATEMENT OF FACTS
The Licensee, after consultation with counsel, and the Registrar agree to the following facts:
On January 20, 2007, the licensee delivered liquor to an undercover liquor inspector at the front entrance of the Community Centre in Smith Falls.
Based on paragraph 1, the Licensee breached s. 15.4 of Ont. Reg. 718/90 by delivering liquor to a person at a place other than a residence.
On numerous occasions, the Licensee failed to properly complete all the required information on the liquor delivery receipts, including any of the following: first and last name, signature and full residential address including apartment. On most of these occasions, this information could be tracked through the liquor order and delivery record.
Based on paragraph 3, the Licensee breached s. 15.5 of Ont. Reg. 718/90.
The Licensee has shown remorse and cooperated with the Commission.
The Licensee has no prior record with the Commission.
JOINT SUBMISSION ON DISPOSITION
The Licensee, after consultation with counsel, and the Registrar submit that the following disposition is appropriate as a matter of specific and general deterrence:
The Board shall suspend licence no. 0039710 for a period of 21 days.
The Board, having accepted the Agreed Statement and Joint Submission, all other allegations are withdrawn in the Notice of Proposal.
Dated at Smith Falls this 12th day of July, 2007.
Ralph Robertson Phillip Morris
for licensee Counsel to the Registrar, AGCO