COMMUNITY STANDARDS AND

LICENCE APPEAL  COMMITTEE

 

MINUTES


August 31, 2010  –  River Valley Room

 

 

PRESENT

A. Sohi, B. Anderson, E. Gibbons

ALSO IN ATTENDANCE

J. Wright, Office of the City Clerk
J. Johnson, Corporate Services Department (Law)
C. Johnston, Office of the City Clerk

TABLE OF CONTENTS

ITEM

                                                                                                         PAGE

DECISION

1.          CALL TO ORDER AND RELATED BUSINESS                             2

             Call to Order                                                                                          2

1.2        Adoption of Minutes                                                                           2

2.          EXPLANATION OF APPEAL HEARING PROCESS                     2

3.          COMMUNITY STANDARDS AND LICENCE APPEAL COMMITTEE

             MATTERS                                                                                               2

3.1        1111603 Alberta Ltd. o/a Twilight After Hours

             Appeal of Immediate Cancellation of Business

             Licence 7401981-002                                                                          2

3.2        Appeal of Order - J. J. R. S., 10450 - 144

             Street NW, Edmonton - Order Pursuant to Section

             545(1) of the Municipal Government Act                                        4

3.3        Appeal of Order - S. T., 16316 - 89 Avenue,

             Edmonton - Order Pursuant to Section 546(1)(c) of

             the Municipal Government Act                                                         4

3.4        Appeal of Order - R. H., 12203 - 156 Avenue,

             Edmonton - Order Pursuant to Section 546(1)(c) of

             the Municipal Government Act                                                         5

3.5        Appeal of Order - T. P., 9318 - 111 Avenue NW,

             Edmonton - Order Pursuant to Section 545(1) of

             the Municipal Government Act                                                         6

3.6        Appeal of - I.D.C.H., Decision to

             Not Renew - Massage Practitioner Licence

             #85328497-001                                                                                      7

4.          ADJOURNMENT                                                                                  9

 

 

 

Carried
See Minutes

 

 

 

 

Action

 

 

Postponed

 

 

Action

 

 

Action

 

 

Action

 

 

Action

 

DECISION SUMMARY

ITEM

 

DECISION

 

CALL TO ORDER AND RELATED BUSINESS

 

 

Call to Order

 

 

 

Councillor A. Sohi called the meeting to order at 9:34 a.m.

 

1.2

Adoption of Minutes

 

 

Moved B. Anderson:

 

 

 

That the June 25, 2010, Community Standards and Licence Appeal Committee meeting minutes be adopted.

 

 

In Favour:

Carried

 

 

A. Sohi, B. Anderson, E. Gibbons

 

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.

 

3.

COMMUNITY STANDARDS AND LICENCE APPEAL COMMITTEE MATTERS

3.1

1111603 Alberta Ltd. o/a Twilight After Hours Appeal of Immediate Cancellation of Business Licence 7401981-002

 

 

 

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

 

 

Moved B. Anderson:

 

 

 

That the Community Standards and Licence Appeal Committee receive submissions of late evidence by both parties, which was consented to by the Appellant and Respondent.

 

 

 

In Favour:

Carried

 

 

A. Sohi, B. Anderson, E. Gibbons

 

 

Moved E. Gibbons:

 

 

 

That Community Standards and Licence Appeal Committee hear from the following interested parties in favor of the Appellant:

1.  S. Nyguen, Appellant, Twilight After Hours Club

2.  W. Hoven, security personnel, Twilight After Hours Club

 

 

In Favour:

Carried

 

 

A. Sohi, B. Anderson, E. Gibbons

 

 

 

S. Finlay, Solicitor for the Appellant, made a presentation and answered the Committee's questions.

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

W. Hoven, security personnel, and S. Nyguen, Appellant, Twilight After Hours Club, made presentations and answered the Committee's questions.

 

 

Moved E. Gibbons:

 

 

 

That the Community Standards and Licence Appeal Committee hear from the following interested party for the Respondent:

1.  Sgt. N. Chapdelaine, Coordinator, Public Safety    Compliance Team

 

 

In Favour:

Carried

 

 

A. Sohi, B. Anderson, E. Gibbons

 

 

 

S. Renouf, Solicitor for the Respondent; and Sgt. N. Chapdelaine, Coordinator, Public Safety Compliance Team, made presentations and answered the Committee's questions.

S. Finlay, Solicitor for the Appellant; and S. Nyguen, Appellant, Twilight After Hours Club, responded to new information and answered the Committee's questions.

The Committee met in private at 11:17 a.m., pursuant to section 20 of the Freedom of Information and Protection of Privacy Act.

The Committee met in public at 1:33 p.m.

 

 

Moved E. Gibbons:

 

 

 

That the decision of the Chief Licensing Officer to cancel the After Hours Dance Club, Dance Club, and General Business Licences (#7401981-002) issued to 1111603 Alberta Ltd. operating as Twilight After Hours located in the Basement of 10018-105 Street be upheld.

Planning & Dev.

 

Due Date:
June 2, 2010

 

 

In Favour:

Carried

 

 

A. Sohi, B. Anderson, E. Gibbons

 

3.2

Appeal of Order - J. J. R. S., 10450 - 144 Street NW, Edmonton - Order Pursuant to Section 545(1) of the Municipal Government Act

 

 

 

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

 

 

Moved B. Anderson:

 

 

 

Postponement of Appeal 10450 - 144 Street, Edmonton

That the Appeal hearing for J.J. R. S., 10450 - 144 Street, NW, Edmonton - Order Pursuant to Section 545(1) of the Municipal Government Act, be postponed to the November 10, 2010, Community Standards and Licence appeal Committee meeting at 9:30 a.m. in the River Valley Room.

Planning & Dev.

 

Due Date:
Nov. 10, 2010

 

 

In Favour:

Carried

 

 

A. Sohi, B. Anderson, E. Gibbons

 

3.3

Appeal of Order - S. T., 16316 - 89 Avenue, Edmonton - Order Pursuant to Section 546(1)(c) of the Municipal Government Act

 

 

 

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.

S. T., Appellant, made a presentation and answered the Committee's questions.

T. Courtoreille and R. Pleckaitis, Planning and Development Department, made presentations and answered the Committee's questions.

A set of photographs of the subject property taken by Administration on June 23, 2010, and August 30, 2010, was provided to the Appellant, and a second set was circulated to Members of the Committee, and a copy was filed with the Office of the City Clerk.

 

 

Moved B. Anderson:

 

 

 

The Committee varies the order.

You are therefore ordered to:

Remove all wood, large dirt pile, cut all long grass and weeds and remove any other small debris and loose litter from the entire property before September 30, 2010.

Planning & Dev.

 

Due Date:
Sept. 30, 2010

 

 

In Favour:

Carried

 

 

A. Sohi, B. Anderson, E. Gibbons

 

3.4

Appeal of Order - R. H., 12203 - 156 Avenue, Edmonton - Order Pursuant to Section 546(1)(c) of the Municipal Government Act

 

 

 

R. H., Appellant, made a presentation and answered the Committee's questions.

T. Courtoreille and R. Pleckaitis, Planning and Development Department, made presentations and answered the Committee's questions.

A set of photographs of the subject property taken by Administration on July 9, 2010, and August 30, 2010, was provided to the Appellant, and a second set was circulated to Members of the Committee, and a copy was filed with the Office of the City Clerk.

R. H., Appellant, responded to new information and answered the Committee's questions.

 

 

Moved E. Gibbons:

 

 

 

The Committee upholds the order.

You are therefore ordered to:

Remove all wood, metals, plastics, building materials, pails, cement blocks, doors, window, wire, car parts, weeds/long grass and remove or spread out dirt piles immediately.

And thereafter maintain the property to prevent the reoccurrence of any unsightly condition detrimental to the surrounding area.

Planning & Dev.

 

Due Date: July 27, 2010

 

 

In Favour:

Carried

 

 

A. Sohi, B. Anderson, E. Gibbons

 

3.5

Appeal of Order - T. P., 9318 – 111 Avenue NW, Edmonton - Order Pursuant to Section 545(1) of the Municipal Government Act

 

 

 

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.

T. P., Appellant, made a presentation and answered the Committee's questions.

T. Courtoreille and R. Pleckatis, Planning and Development Department, made presentations and answered the Committee's questions.

A set of photographs of the subject property taken by Administration on May 6, 2010, and August 30, 2010, was provided to the Appellant, and a second set was circulated to Members of the Committee, and a copy was filed with the Office of the City Clerk.

J. Johnson, Corporate Services Department (Law), answered the Committee's questions.

T. P., Appellant, responded to new information and answered the Committee's questions.

 

 

Moved B. Anderson:

 

 

 

The Committee upholds the order.

You are therefore ordered to:

Remove all wood, boards, chairs, grocery carts, metal, electronic, furniture, garbage bags, plastic, tarps, furniture and all loose litter and debris from the entire property and remove all graffiti from the entire property immediately.

Planning & Dev.

 

Due Date:
July 9, 2010

 

 

In Favour:

Carried

 

 

A. Sohi, B. Anderson, E. Gibbons

 

3.6

Appeal of - I.D.C.H., Decision to Not Renew - Massage Practitioner Licence #85328497-001

 

 

Moved B. Anderson:

 

 

 

That the Community Standards and Licence Committee hear from T. Formoe, acting as Agent for I.D.C.H.

 

 

 

In Favour:

Carried

 

 

A. Sohi, B. Anderson, E. Gibbons

 

 

 

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.

T. Formoe, Agent for the Appellant, made a presentation and answered the Committee's questions.

M. Sallaberry, Solicitor for the Edmonton Police Services, made a presentation and answered the Committee's questions.

T. Formoe, Agent for the Appellant, responded to new information and answered the Committee's questions.

The Committee met in private at 3:30 p.m., pursuant to section 20 of the Freedom of Information and Protection of Privacy Act.

The Committee met in public at 3:34 p.m.

 

 

Moved E. Gibbons:

 

 

 

That the decision of the Chief Licensing Officer to refuse to renew the Massage Practitioner’s Licence #85328497-001 of I.D.C.H. be upheld.

 

 

 

 

In Favour:

Carried

 

 

A. Sohi, B. Anderson, E. Gibbons

 

4.

ADJOURNMENT

 

 

The meeting adjourned at 3:40 p.m.

 

 

 

 

______________________                                   ______________________

Chair                                                                           City Clerk