COMMUNITY STANDARDS AND

LICENCE APPEAL  COMMITTEE

 

MINUTES


February 12, 2010  –  COUNCIL CHAMBER

 

 

PRESENT

A. Sohi, R. Hayter, B. Anderson

ABSENT

Ron Hayter

ALSO IN ATTENDANCE

 

 

TABLE OF CONTENTS

ITEM

                                                                                                         PAGE

DECISION

 

          CALL TO ORDER AND RELATED BUSINESS                                1

          Call to Order                                                                                             1

1.2        Adoption of Minutes                                                                           2

2.          EXPLANATION OF APPEAL HEARING PROCESS                     2

3.          COMMUNITY STANDARDS AND LICENCE APPEAL COMMITTEE

               MATTERS                                                                                             3

3.1        Gateway Charters Ltd. o/a Sky Shuttle - Appeal of

             Order pursuant to Section 545 of the Municipal

             Government Act.                                                                                  3

3.2        Elmak Holdings Ltd. o/a York Hotel - Request to

             Revoke the Stay of Cancellation of the Elmak

             Holdings Business Licence 7255769-001 to operate

             a Nightclub at the York Hotel                                                            4

4.          ADJOURNMENT                                                                                  5

 

 

 

DECISION SUMMARY

ITEM

 

DECISION

 

CALL TO ORDER AND RELATED BUSINESS

 

 

Call to Order

 

 

 

 

 

Councillor A. Sohi called the meeting to Order at 9:36 a.m.

 

 

 

 

 

1.2

Adoption of Minutes

 

 

 

None

 

 

 

 

 

2.

EXPLANATION OF APPEAL HEARING PROCESS

 

 

Councillor A. Sohi 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.

 

J. Wright, Office of the City Clerk, answered the Committee's questions.

 

 

 

 

 

 

Moved B. Anderson:

 

 

 

That the Committee extend the Appellant's and Respondent's speaking time from five minutes to 20 minutes.

 

 

In Favour:

Carried

 

 

Ron Hayter, A. Sohi, B. Anderson

 

 

 

Councillor A. Sohi, asked if there were any Interested Parties who wished to speak.

 

J. Wright, Office of the City Clerk, answered the Committee's questions.

 

Councillor A. Sohi inquired as to any objection from the Appellant or Respondent to hear from an Interested Party.  There was none.

 

 

 

 

 

 

Moved B. Anderson:

 

 

 

That Community Standards and Licence Appeal Committee hear from B. Manhas, United Cabbies Association, an Interested Party, speaking in support of the Respondent's position.

 

 

In Favour:

Carried

 

 

Ron Hayter, A. Sohi, B. Anderson

 

3.

COMMUNITY STANDARDS AND LICENCE APPEAL COMMITTEE MATTERS

3.1

Gateway Charters Ltd. o/a Sky Shuttle - Appeal of Order pursuant to Section 545 of the Municipal Government Act.

 

 

 

J. Yurkovich, Q.C., Solicitor for the Appellant, made a presentations answered the Committee's questions and later responded to new information.  Copies of a Summary of Maintenance and Safety Program Requirements for Provincially-Regulated Alberta-Based Commercial Buses were circulated to Members of Committee and then filed with the Office of the City Clerk.

 

P. Strong, Appellant, Gateway Charters Ltd., answered the Committee's questions.

 

R. Pleckaitis, Planning and Development Department; and B. Loewen, Corporate Services Department (Law) made a presentation, answered the Committee's questions and later responded to new information.

 

B. Manhas, United Cabbie Association, an Interested Party made a presentation and answered the Committee's questions.

 

That the Committee met in private at 10:55 a.m., pursuant to Section 20 of the Freedom of Information and Protection of Privacy Act.

 

The Committee met in public at 1:35 p.m.

 

 

 

 

 

 

Moved A. Sohi:

 

 

 

On the matter of Gateway Charters Ltd., o/a Sky Shuttle  - Appeal of Order Pursuant to Section 545 of the Municipal Government Act, the Committee denies the appeal and upholds the Order with two variances:

1. Roman numeral - Part IV will be struck in its entirety and;

2. The word "unlicensed" will be added to Part 2 to read:

2. Forthwith cease accepting orders for and dispatching unlicensed Vehicles for Hire to pick up passengers within the City of Edmonton.

 

Planning & Dev.

 

 

 

In Favour:

Carried

 

 

Ron Hayter, A. Sohi

 

 

Opposed:

 

 

 

B. Anderson

 

3.2

Elmak Holdings Ltd. o/a York Hotel - Request to Revoke the Stay of Cancellation of the Elmak Holdings Business Licence 7255769-001 to operate a Nightclub at the York Hotel

 

 

 

Councillor A. Sohi 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.

 

 

 

 

 

 

Moved B. Anderson:

 

 

 

That the Committee extend the Appellant's and Respondent's speaking time from five minutes to 20 minutes.

 

 

In Favour:

Carried

 

 

Ron Hayter, A. Sohi, B. Anderson

 

 

 

J. Johnson, Corporate Services Department (Law), advised the Committee on procedural matters for the hearing and answered the Committee's questions.

 

Councillor A. Sohi, inquired if either party had an objection to hear the appeal in two parts.  No one objected.

 

J. Wright, Office of the City Clerk; and J. Johnson, Corporate Services Department (Law), answered the Committee's questions.

 

The Committee met in private at 1:47 p.m., pursuant to Section 20 of the Freedom of Information and Protection of Privacy Act.

 

The Committee met in public at 1:53 p.m.

 

 

 

 

 

 

 

S. Renouf, Solicitor for the Respondent, and K. Wakefield Q.C, Fraser Millner Casgrain LLP., Solicitor for the Appellant, made presentations and later responded to new information.

 

J. Wright, Office of the City Clerk answered the Committee's question.

 

The Committee met in private at 2:58 p.m., pursuant to Section 20 of the Freedom of Information and Protection of Privacy Act.

 

The Committee met in public at 3:24 p.m.

 

 

 

 

 

 

Moved A. Sohi:

 

 

 

In the matter of the request to revoke the automatic stay of the decision to cancel the licence 7255769-001 for Elmak Holding Ltd., o/a York Hotel to operate a Nightclub to the Community Standards and Licence Appeal Committee, the Committee finds that it does not have the jursidiction to hear the above request.  Bylaw 15166 is explicit in granting jurisdiction for this Committee to lift a stay in the sole situation where the conduct of a party has resulted in an adjournment.  The Committee agrees with both parties that Section 12(5) of the Community Standards and Licence Appeal bylaw does not apply to the facts before us.

 

Planning & Dev.

 

 

 

In Favour:

Carried

 

 

Ron Hayter, A. Sohi, B. Anderson

 

4.

ADJOURNMENT

 

 

The meeting adjourned 3:26 p.m.

 

 

 

 

 

 

 

 

______________________                                   ______________________

Chair                                                                           City Clerk