COMMUNITY STANDARDS AND

LICENCE APPEAL  COMMITTEE

 

MINUTES


February 8, 2019  –  River Valley Room

 

 

PRESENT

T. Caterina, J. Dziadyk, M. Banga

ALSO IN ATTENDANCE

S. Sarich, Office of the City Clerk

C. Ashmore, Law Branch

B. Webster / I. Russell, 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        Adoption of Minutes                                                                           2

2.          EXPLANATION OF APPEAL HEARING PROCESS                     2

3.          COMMUNITY STANDARDS AND LICENCE APPEAL COMMITTEE

               MATTERS                                                                                            2

3.1        Appeal of Decision to refuse to issue a City of

             Edmonton Diver's Licence under the Vehicle for

             Hire Bylaw 17400 to M.S. (299382695-001)                                    2

3.2        Appeal of decision to cancel Business Licence

             107425872-001 issued to 1370498 Alberta Ltd. o/a

             Nyala Lounge at 10875 - 98 Street.                                                  3

4.          ADJOURNMENT                                                                                  5

 

 

 

DECISION SUMMARY

ITEM

 

DECISION

1.

CALL TO ORDER AND RELATED BUSINESS

1.1

Call to Order

 

 

 

M. Banga called the meeting to order at 9:36 a.m.

 

1.2

Adoption of Agenda

 

 

Moved T. Caterina:

 

 

 

That the February 8, 2019, Community Standards and Licence Appeal Committee meeting agenda be adopted.

 

 

 

 

In Favour:

Carried

 

 

T. Caterina, J. Dziadyk, M. Banga

 

1.3

Adoption of Minutes

 

 

Moved J. Dziadyk:

 

 

 

That the December 13, 2018, Community Standards and Licence Appeal Committee meeting minutes be adopted.

 

 

 

 

In Favour:

Carried

 

 

T. Caterina, J. Dziadyk, M. Banga

 

2.

EXPLANATION OF APPEAL HEARING PROCESS

 

 

M. Banga explained the appeal hearing process and asked if anyone objected to any member of the Community Standards and Licence Appeal Committee hearing the appeals. No one objected.

 

3.

COMMUNITY STANDARDS AND LICENCE APPEAL COMMITTEE MATTERS

3.1

Appeal of Decision to refuse to issue a City of Edmonton Driver’s Licence under the Vehicle for Hire Bylaw 17400 to M.S. (299382695-001)

 

 

 

The Appellant, M. S. was not present. He had previously submitted a written Postponement Request to allow his new legal counsel time to prepare a written submission and obtain relevant documents.

K. Johnson, Law Branch, represented the Respondent. She is not opposed to an adjournment, in principle, however, is not able to attend the next Community Standards and Licence Appeal Committee meeting scheduled for March 21, 2019. She requests that this matter be moved forward to the May 16, 2019, meeting.

 

 

Moved J. Dziadyk:

 

 

 

That the appeal hearing regarding the decision to refuse a City of Edmonton driver's licence to M. S. be postponed to May 16, 2019.

 

 

 

 

In Favour:

Carried

 

 

T. Caterina, J. Dziadyk, M. Banga

 

3.2

Appeal of decision to cancel Business Licence 107425872-001 issued to 1370498 Alberta Ltd. o/a Nyala Lounge at 10875 - 98 Street.

 

 

 

M. Banga reviewed the hearing process regarding business license appeals and asked if anyone objected to any member of the Community Standards and Licence Appeal Committee hearing the appeal. No one objected.

T. Engel, Solicitor for the Appellant, made a presentation and responded to the Committee's questions. He requested a postponement to allow sufficient time to obtain all relevant disclosure documents.

Moved T. Caterina

That additional time be granted to T. Engel to complete his presentation.

In Favour:  J. Dziadyk, M. Banga                    Carried

S. Renouf, Solicitor for the Respondent (Public Safety Compliance Team), made a presentation and responded to the Committee's questions. He agreed to the postponement request but asked that the interim stay be lifted if a postponement is granted.

A copy of an Alberta Queen’s Bench decision was submitted to the members of the Committee and to the Appellant. (Bourgeois v. Bolen, (2004) A.J. No. 50.

Moved T. Caterina

That additional time be granted to S. Renouf to complete his presentation.

In Favour:  J. Dziadyk, M. Banga                     Carried

T. Engel responded to new information and responded to further questions from the committee. He objected to the Respondent's request that the stay be lifted.

Excerpts from a textbook of Administrative Law were distributed to the members of the Committee, and the Respondent. (Jones, David Phillip and de Villars, Anne S. Principles of Administrative Law, ed 6 (Carswell, 2014)

Moved:  T. Caterina

That additional time be granted to T. Engel to complete his presentation.

In Favour:  J. Dziadyk, M. Banga                    Carried

S. Renouf responded to further questions from the Committee.

The Committee heard from the decision maker, M. Matwie.

The Committee met in private at 11:09 a.m., pursuant to Section 20 (Disclosure harmful to law enforcement) of the Freedom of Information and Protection of Privacy Act.

The Committee met in public at 11:45 a.m. M. Banga read the draft decision motion.

Motion:  T. Caterina

That a short adjournment be taken to allow the parties to find a mutually acceptable hearing date.

In Favour:  J. Dziadyk, M. Banga                    Carried

Motion:  T. Caterina

To extend orders to complete Item 3.2

In Favour:  J. Dziadyk, M. Banga                    Carried

 

 

Moved M. Banga:

 

 

 

1.  A Postponement has been granted until February 19, 2019.

 2. The stay will be lifted until the hearing takes place.

 3. If Mr. Engel, through a court application, obtains additional material he may put it before the Committee.

 4. Mr. Engel may put the information in the missing tabs before the Committee.

 5. The Committee will not order any additional disclosure.

 

 

 

 

In Favour:

Carried

 

 

T. Caterina, J. Dziadyk, M. Banga

 

4.

ADJOURNMENT

 

 

The meeting was adjourned at 12:10 p.m.

 

 

 

 

 

 

______________________                                   ______________________

Chair                                                                          City Clerk