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-
Richard Raoul Major O/A Dial-a-Bottle (LDS)
Licensee
DECISION
Panel: David C. Gavsie, Chair
Decision Date: August 24, 2007
Hearing Location: Ottawa, 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 ) Sujin Chan, Representative
Richard Raoul Major, Licensee ) Janet Lachapelle, Representative
A hearing into a Notice of Proposal number 15436 dated July 11, 2007 to suspend liquor license number 50005 (the Licence) issued to Richard Raoul Major (the Licensee) operating as Dial-a-Bottle (LDS) 200 Jeanne-Mance Street, Ottawa, Ontario K1L 6M2 on the basis of alleged violations of subsections 15.5 and 15.6 of Ontario Regulation 718/90 (O.Reg) made pursuant to the LLA, was held on August 15, 2007 in the City of Ottawa.
Richard Raoul Major is the Licensee. Janet Lachapelle, the Office Manager appeared on behalf of the Licensee and waived his right to be represented by a barrister and solicitor.
Sujin Chan, Registrar’s Representative, and the Licensee 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:
On May 17, 2007, the licensee did not obtain a signed receipt of delivery of beer. Ten other prior deliveries had not been signed for and the delivery receipts failed to include the name of the purchasers.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 15.5 and 15.6 of the O.Reg.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Richard Raoul Major operating as Dial-a-Bottle (LDS) 200 Jeanne-Mance Street, Ottawa, Ontario K1L 6M2, licence number 50005, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on September 16, 2007, and CONTINUE until 2:00 a.m. on September 23, 2007.
DATED AT TORONTO THIS 24th DAY OF August 2007.
DAVID C. GAVSIE, CHAIR
DCG/ee
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, chapter L.19, subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE
OF RICHARD RAOUL MAJOR OPERATING AS
DIAL-A-BOTTLE (LDS)
200 JEANNE-MANCE STREET, OTTAWA
LICENCE NUMBER 50005
AGREED STATEMENT OF FACTS
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and having declined that right and agreed to proceed without legal counsel; and the Registrar’s counsel agree to the following:
On May 17, 2007, the licensee did not obtain a signed receipt of delivery of beer. Ten other prior deliveries had not been signed for and the delivery receipts failed to include the name of the purchasers.
Based on the facts in the above paragraph, the licence holder admits to violations of paragraph 15.5 and 15.6 of Ontario Regulation 718/90 under the Liquor Licence Act.
The licence holder has exhibited remorse and implemented measures to prevent further infractions.
The licence holder has no prior record of disciplinary actions with the Commission
JOINT SUBMISSION ON DISPOSITION
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and has declined that right and agreed to proceed without legal counsel; and Register’s Counsel submit that the following disposition is appropriate in these circumstances:
- A seven day (7) suspension of the liquor licence to commence at 11:00 a.m. on September 16, 2007 and to end at 2:00 a.m. on September 23, 2007.
Dated in Toronto this 15th day of August 2007.
Janet Lachapelle Sujin Chan
“I have authority to bind the Corporation.” Counsel for the Registrar of the AGCO