LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: T&L Delivery Service (LDS)
429 Victoria Avenue
Cornwall, Ontario
K6H 1R7
Licensee: Ms. Karen Ann Stevenson
Licence Number: 51263
Notice of Proposal: To SUSPEND a licence
Dated August 3, 2006
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:
(I) the name and address of the licence holder;
(II) the name and address of the person on whose behalf the purchase is made;
(III) the kinds and quantities of liquor to be purchased;
(IV) the residential address where the liquor is to be delivered.
(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 stated:
(I) the name and address if the person for whom the purchase was made;
(II) the date of delivery;
(III) the kinds and quantities of liquor delivered
(IV) the price paid for liquor purchased
(V) the delivery fee
(VI) 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.
Hearing: Best Western Parkway Inn – Cornwall
1515 Vincent Massey Drive
Cornwall, Ontario
K6H 5R6
January 19, 2007
Presiding
Board Member: David C. Gavsie, Chair
Agent for the
Registrar: Sujin Chan, student-at-law
Agent for the
Licensee: James Tomlinson
Attendance: Karen Ann Stevenson, 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 January 18, 2007 pursuant to a Notice of Proposal dated August 3, 2006 to suspend the liquor licence issued to Ms. Karen Ann Stevenson for the liquor delivery service operating as T&L DELIVERY SERVICE (LDS), 429 Victoria Avenue, Cornwall, Ontario, K6H 1R7, licence number 51263;
AND WHEREAS the licensee was present together with James Tomlinson, her Agent;
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 the Agent for the Registrar and 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, the licence holder had liquor delivered. No paper work was made out for this delivery and no signature upon delivery was requested.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under paragraph 15.5 and 15.6 of Ontario Regulation 718/90 pursuant to the Liquor Licence Act. The Board accepted the withdrawal of the remaining allegations contained in the Notice of Proposal dated August 3, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Ms. Karen Ann Stevenson for the liquor delivery service operating as T&L Delivery Service (LDS), 429 Victoria Avenue, Cornwall, Ontario, K6H 1R7, licence number 51263, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 9:00 a.m. on February 11, 2007 and CONTINUE until 9:00 p.m. on February 20, 2007.
DATED AT TORONTO THIS DAY OF 2007.
DAVID C. GAVSIE, CHAIR
DCG/sm
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
KAREN ANN STEVENSON OPERATING AS
T & L DELIVERY SERVICE (LDS) , 429 VICTORIA AVENUE, CORNWALL
LICNECE NO. 51263
AGREED STATEMENT OF FACTS
The licence holder having been informed of the licence holder’s right to legal counsel, and having declined that right, and Registrar’s Agent agree to the following:
On June 2, 2006, the licence holder had liquor delivered. No paper work was made out for this delivery and no signature upon delivery was requested.
Based on the facts in paragraph 1, the licence holder admits to violation of paragraph 15.5 and 15.6 of Ontario Regulation 718/90 under the Liquor Licence Act.
The licence holder has exhibited remorse and taken steps to prevent future violation.
The licence holder has no prior record of discipline with the Commission.
JOINT SUBMISSIONS ON DISPOSITION
The licence holder having been informed of the licence holder’s right to legal counsel and having declined that right, and Registrar’s Agent agree to the following disposition:
A ten (10) day suspension of the liquor licence.
Should the Board accept the joint submissions on disposition the Registrar shall withdraw all remaining allegations in the NOP dated 3rd August 2006.
Dated at Cornwall this 18th day of January, 2007
Karen Ann Stevenson Sujin Chan
Licence Holder Agent for the Registrar of the AGCO