LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: LOCEY’S DELIVERY SERVICE (LDS) 721 Pitt Street Cornwall, Ontario K6J 3S1
Licensee: Kevin Locey Licence Number: 39687
Notice of Proposal: To SUSPEND a licence Dated August 3, 2006
The Proposal alleges that:
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.
Hearing: Cornwall - Best Western Parkway Inn & Conference Centre 1515 Vincent Massey Drive Cornwall, Ontario K6H 5R6 February 20, 2007
Presiding Board Member: David C. Gavsie, Chair
Counsel for the Registrar: Joyce Taylor
Attendance: Kevin Locey, licensee
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 on February 20, 2007, pursuant to a Notice of Proposal dated August 3, 2006, to suspend the liquor licence issued to Kevin Locey operating as LOCEY’S DELIVERY SERVICE (LDS), 721 Pitt Street, Cornwall, Ontario, K6J 3S1, licence number 39687;
AND WHEREAS Kevin Locey, the licensee, appeared on his own behalf and waived his 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 Kevin Locey, 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 2, 2006 a liquor inspector and a police officer found that the licensee delivered liquor to a non-residential address.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under paragraph 15.4 of Ontario Regulation 718/90 enacted pursuant to the Liquor Licence Act.
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Kevin Locey operating as LOCEY’S DELIVERY SERVICE (LDS), 721 Pitt Street, Cornwall, Ontario, K6J 3S1, licence number 39687, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 12:00 a.m. on May 6, 2007 and CONTINUE until 11:59 p.m. on May 15, 2007.
DATED AT TORONTO THIS DAY OF 2007.
DAVID C. GAVISE, CHAIR
DCG/sm
Attached.
IN THE MATTER OF THE LIQUOR LICNECE ACT
R.S.O. 1990,c.L.19,s. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF
KEVIN RONALD LOCEY OPERATING AS LOCEY’S DELIVERY SERVICE (LDS) 721 PITT STREET, CORNWALL LICENCE NO 39687
AGREED STATEMENT OF FACTS
The Licensee who has been advised of his right to counsel, and having waived that right and chosen to proceed without a lawyer, agrees with the Registrar’s Counsel to the following facts in relation to the Notice of Proposal to suspend a licence dated August 3, 2006:
On June 2, 2006 a liquor inspector and a police officer found that the licensee delivered liquor to a non- residential address.
Based on aforementioned facts the licensee admits to having breached s.15.4 of Ontario Regulation 718/90 as amended.
The employees who were involved in the infraction are no longer employed by the licensee and the licensee has undertaken to ensure that this will not take place again.
JOINT SUBMISSION ON DISPOSITION
Whereas the Licensee was previously suspended for seven (7) days in 2005 for breaching section 15.5 (record keeping) of Regulation 718/90.
The Licensee who has not been advised by counsel and Registrar’s counsel submit that the following disposition is appropriate in the circumstances:
a ten (10) day suspension of liquor licence 39687 commencing on May 6, 2007 at 12:00 am midnight and continuing until 11:59 p.m. on May 15, 2007.
should the Board accept the Agreed 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 August 3, 2006.
Submitted this 20th day of February, 2007.
Kevin Ronald Locey Licensee
Joyce A. Taylor Registrar’s Counsel