SPECIAL COMMUNITY STANDARDS &

LICENCE APPEAL  COMMITTEE

 

MINUTES


May 16, 2013  –  Churchill Building, Hearing Room 3

 

 

PRESENT

T. Caterina, 1B. Anderson, 2D. Loken, K. Diotte

1Present for Item 3.2 only

2Did not participate in Item 3.2

ALSO IN ATTENDANCE

S. McDonald, Office of the City Clerk
C. Ashmore, Law Branch
I. Russell / J. Rose, Office of the City Clerk

TABLE OF CONTENTS

ITEM

                                                                                                         PAGE

DECISION

 

1.          CALL TO ORDER AND RELATED BUSINESS                            1

1.1        Call to Order                                                                                          1

1.2        Adoption of Agenda                                                                            2

1.3        Request to Speak                                                                                2

2.          EXPLANATION OF APPEAL HEARING PROCESS                     2

3.          COMMUNITY STANDARDS AND LICENCE APPEAL COMMITTEE

               MATTERS                                                                                            2

3.1        Appeal of Decision - Cancellation and Refusal to

             Renew Licence - 1356306 Alberta Ltd. o/a Revive

             Massage and Spa                                                                                2

3.2        Appeal of Decision - to Impose Conditions - 1694838 Alberta Ltd.

             operating as New York Pizza                                                           3

4.          ADJOURNMENT                                                                                  5

 

 

 

 

Carried

None

See Minutes

 

 

Action

 

 

Action

 

DECISION SUMMARY

ITEM

 

DECISION

1.

CALL TO ORDER AND RELATED BUSINESS

1.1

Call to Order

 

 

 

T. Caterina called the meeting to order at 9:30 a.m.

 

1.2

Adoption of Agenda

 

 

Moved T. Caterina:

 

 

 

That the May 16, 2013, Special Community Standards & Licence Appeal Committee meeting agenda be adopted with the following change:

Addition: 

3.2:  Decision from appeal of business licence application 102751290-005 (1694838 Alberta Ltd. o/a New York Pizza & Donair) - Time Specific for 9:30 a.m.

 

 

In Favour:

Carried

 

 

T. Caterina, D. Loken, K. Diotte

 

1.3

Request to Speak

 

 

 

None received.

 

2.

EXPLANATION OF APPEAL HEARING PROCESS

 

 

T. Caterina explained the appeal hearing process and asked if any one objected to any Member of the Community Standards Licence Appeal Committee hearing the appeals. No one objected.

 

3.

COMMUNITY STANDARDS AND LICENCE APPEAL COMMITTEE MATTERS

3.1

Appeal of Decision - Cancellation and Refusal to Renew Business Licence 76425106-001 - 1356306 Alberta Ltd. o/a Revive Massage and Spa

 

 

 

J. Chadi, solicitor for the Appellant, made a presentation regarding a postponement request due to the pending sale of the business and answered the committee's questions.  A set of documents relating to the sale were presented to the Office of the City Clerk. Copies were made and provided to the Respondent and members of the committee.

K. Brander, Edmonton Police Service, Respondent, requested further information about the purchaser.

J. Chadi advised he had no knowledge of the prospective purchaser and it was an arm’s length transaction.

The Committee met in private at 9:45 a.m. pursuant to Section 20 of the Freedom of Information & Privacy Act.

The committee met in public at 9:58 a.m.

 

 

Moved T. Caterina:

 

 

 

That the Committee deny the Postponement Request and proceed with the appeal regarding the Cancellation and Refusal to Renew Business Licence 76425106-001.

Community Services Dept.

 

Due Date:  May 16, 2013

 

 

In Favour:

 

 

             T. Caterina, D. Loken

 

 

Opposed:

Carried

 

 

K. Diotte

 

 

 

The Committee proceeded to hear the appeal.

J. Chadi, Solicitor for the Appellant, advised he had no further presentation and requested that the appeal be abandoned.

K. Brander, Edmonton Police Service, Respondent, advised he had nothing further to add.

The Committee met in private at 10:00 a.m. pursuant to section 20 of the Freedom of Information and Protection of Privacy Act.

The Committee met in public at 10:01 a.m.

 

 

Moved T. Caterina:

 

 

 

That the Committee accept the Appellant’s request to abandon the appeal regarding the cancellation and refusal to Renew Body Rub Centre Business Licence 76425106-001, 1356306 Alberta Ltd o/a Revive Massage and Spa at 101, 11745 – Jasper Avenue NW Edmonton. The January 8, 2013, decision of the Chief Licensing Officer will stand.

Community Services Dept.

 

 

Due Date:  Jan. 8, 2013

 

 

In Favour:

Carried

 

 

T. Caterina, B. Anderson, K. Diotte

 

3.2

Appeal of Decision to Impose Conditions - 1694838 Alberta Ltd. o/a New York Pizza & Donair

 

 

 

T. Caterina advised the first order of business is reading and voting on the decision regarding business license application 102751290-005 which was appealed at the May 9, 2013, Special Community Standards and License Appeal Committee Meeting. The committee members who heard the May 9 appeal, T. Caterina, B. Anderson and D. Loken will participate in the vote.

 

 

Moved C. Caterina:

 

 

 

As it relates to the appeal of the conditions which were placed on Business Licence 102751290-005 by the Chief Licensing Officer:

The following condition is struck down in its entirety:

Condition 12:  Refuse entry to persons identified by the Edmonton Police Service who, within the past three years, have been convicted of an indictable criminal offense.

The following conditions are upheld in their entirety:

Condition 3: Raja Mohammed “Mike” Nazir is prohibited from the premises and any involvement in business operations;

Condition 4: Safeer Nazir is prohibited from the premises and any involvement in business operations;

Condition 6: Thanous Apostolu is prohibited from the premises and any involvement in business operations.

Condition 8: Not operate the business between the hours of 2:00 a.m. and 10:00 a.m.

For greater clarity we are also varying the following two conditions:

Condition 1, which was worded, “No alcohol is allowed on the premises at any time”. This is varied to “No alcohol is allowed on the premises at any time, and upon Affidavit evidence being presented to the City Manager or his delegate that alcohol was found on the premises, the business license should be suspended forthwith, and remain suspended until a review of the Chief Licensing Officer takes place to determine whether the business license should be revoked.

Condition 2, which was worded, “No tobacco products are allowed on the premises at any time, excepting any employees’ tobacco products provided they are in amounts consistent with personal use only” is varied to “No tobacco products are allowed on the premises at any time, excepting any employees’ or customers’ tobacco product provided they are in amounts consistent with personal use only. Should Affidavit evidence be presented to the City Manager or his delegate that tobacco was found on the premises that are in amounts not consistent with personal use, the business license should be suspended forthwith, and remain suspended until a review of the Chief Licensing Officer takes place to determine whether the business license should be revoked.”

Community Services Dept.

 

 

Due Date:  May 16, 2013

 

 

In Favour:

Carried

 

 

T. Caterina, B. Anderson, D. Loken

 

4.

ADJOURNMENT

 

 

The meeting adjourned at 10:01 a.m.

 

 

 

 

 

______________________                                   ______________________

Chair                                                                          City Clerk