Minutes for Quasi-Judicial Standing Committee April 15, 2008 Meeting

Minutes for Quasi-Judicial Standing Committee April 15, 2008 Meeting

Quasi-Judicial Standing Committee Minutes

April 15/22/29, 2008

May 5, 2008

Members: / Present:
K. Leibovici, Chair / K. Leibovici
D. Iveson, Vice-Chair / D. Iveson
T. Caterina / T. Caterina
D. Thiele

Also in Attendance:

J. Wright, Office of the City Clerk

J. Johnson, Corporate Services Department (Law)

A.CALL TO ORDER AND RELATED BUSINESS

A.1.Call to Order

Councillor K. Leibovici called the meeting to order at 1:35 p.m.

Councillor T. Caterina made the following statement:

I would like to draw a matter to the Committee’s attention. Today I became aware of a poster soliciting Community support relating to Smokin’ Joe’s Roadhouse licence suspension. The wording on the poster encouraged people to contact their Ward 3 Councillors, Ed Gibbons and myself.

I would like to state for the record that I had no involvement in the planning or production of this poster and only became aware of its existence today. I have received no correspondence, phone calls or otherwise related to this poster.

Finally, I want the Committee to know that I will base my decision relative to this licence suspension based only on the evidence presented before us today.

A.5.Explanation of Appeal Hearing Process

Councillor K. Leibovici asked if anyone objected to any Member of the Quasi-Judicial Standing Committee hearing the appeals.

B. Doherty, Doherty Schuldhaus LLP, Solicitor for D. and P. V.,Appellant, objected to Council hearing this matter, suggesting they are in a conflict of interest and should withdraw themselves from hearing the appeal. The Quasi-Judicial Standing Committee considered comments from B. Doherty, Doherty Schuldhaus LLP, Solicitor for
D. and P. V., Appellant, and statedthat they hadreceived legal adviceon this particular matter. It was the Committee’s belief and finding that there was no apprehension of bias among the Members of the Committee in dealing with this particular item and therefore the Committee proceeded to hear the appeal.

A.3.Adoption of Minutes

Moved T. Caterina

That theMarch 11, 2008,Quasi-Judicial Standing Committee meeting minutes be adopted.

Carried

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

Q.QUASI-JUDICIAL STANDING COMMITTEE MATTERS

Q.1.D. and P. V. – Appeal of City of Edmonton Business Licence 7342149-001 Suspension for the Operation of Smokin’ Joe’s Roadhouse, 615 Hermitage Road, Pursuant to Section 10(1) of the Business Licence Bylaw 13138.

Councillor K. Leibovici explained the appeal process.

Moved D. Iveson:

That the Committee hear from the following interested parties:

  1. C. W., Edmonton Police Service
  2. G. G., Public Safety Compliance Team Coordinator, Corporate Services Department, City of Edmonton
  3. A. E., President, Homesteader Community League
  4. L. Z., Friendly Frog Daycare
  5. R. M., President, Clareview Crime Council
  6. P. J., Business Owner, Mac’s Convenience Store
  7. C. S., Friendly Frog Daycare
  8. D. N.
  9. N. Q.

Moved D. Iveson:

That the interested parties be heard in a panel.

Carried

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

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

B. Doherty, Doherty Schuldhaus LLP, Solicitorfor the Appellant, made a presentation and answered the Committee’s questions. B. Doherty referred to the following documents, which were distributed to Members of the Committee, and a copy was filed with the Office of the City Clerk:

  1. Statutory Declaration dated February 13, 2008
  2. A letter dated February 11, 2008, from Doherty Schuldhaus LLP to the Office of the City Manager.
  3. Letters dated January 11, 2008, and February 5, 2008, addressed to D. and P. V.
  4. A letter dated January 9, 2008, and report from G. G. to the Chief Licence Inspector, Public Safety Compliance Team.
  5. A binder of written documents pertaining to Smokin’ Joe’s Roadhouse.

Moved D. Iveson

That the Committee hear from D. V., Appellant.

Carried

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

D. V., Appellant, made a presentation and answered the Committee’s questions.

J. Price, Planning and Development Department, Respondent, made a presentation and answered the Committee’s questions. Copies of the following documents were distributed to Members of the Committee, and the Appellant, and a copy was filed with the Office of the City Clerk:

  1. A letter dated February 5, 2008, from J. Price, Planning and Development Department.
  2. A letter dated January 11, 2008, from J. Price, Planning and Development Department with 15 attachments:
  3. Letter from G. G., dated January 9, 2008,
  4. Copy of Business Licence 7342149-001
  5. Corporate Registry Search for 514356 Alberta Ltd.
  6. EPS daily report log
  7. EPS Calls for Service with event details
  8. Public Safety Compliance Team (PSCT) letter to owner D. V.
  9. Smokin’ Joes cheap drink advertisement
  10. EPS Incident report 07-166364
  11. Complaint package submitted by Friendly Frog Daycare
  12. Parent complaint letters submitted to Friendly Frog Daycare
  13. Letter from Clareview Crime Council
  14. E-mail copy: EPS S.O.P. information
  15. EPS Incident report 08-3971
  16. AGLC Disciplinary Action report
  17. PSCT Premises history report
  18. A letter and 24 attachments received by the Planning and Development Department on January 24, 2008, from D. V.

B. Loewen, Corporate Services Department (Law), answered the Committee’s questions.

Councillor K. Leibovici, asked whether there were any other interested parties who wished to make a presentation. There were none.

C. W., Edmonton Police Service; G. G., Public Safety Compliance Team Coordinator, Corporate Services Department, A. E., President, Homesteader Community League; L. Z., Friendly Frog Daycare; R. M., President, Clareview Crime Council; P. J., Business Owner, Mac’s Convenience Store; C. S., Friendly Frog Daycare; D. N., and N. Q., interested parties, made presentations.

R. M., President, Clareview Crime Council; A. E., President, Homestader Community League; P. J.l, Mac’s Convenience Store;
C. W., Edmonton Police Service; and G. G., Public Safety Complaince Team Coordinator, Corporate Services Department, answered the Committee’s questions.

Councillor K. Leiboviciasked if the Appellant would like to provide closing comments or respond to any new information.

The Committee recessed at 3:26 p.m.

The Committee reconvened at 3:46 p.m.

B. Doherty, Doherty Schuldhaus LLP, Solicitor, made a further presentation, and answered the Committee’s questions.

Moved D. Iveson:

That D. V., Appellant, be given an additional five minutes to respond to new information.

Carried

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

D. V., Appellant, made a further presentation and answered the Committee’s questions.

J. Price, Planning and Development Department, made a further presentation and answered the Committee’s questions.

Moved D. Iveson:

That B. Loewen, Corporate Services Department (Law), be given an additional five minutes to respond to new information.

Carried

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

Moved D. Iveson:

  1. That the May 5, 2008, Community Services Committee recess at 3:30 p.m. and, if necessary, reconvene at the adjournment of the continuation of the April 15, 2008, Quasi Judicial Standing Committee meeting.
  2. In consideration of the quantity of written material submitted as evidence today both by the Appellant and Respondent, and in order to allow all concerned the opportunity to duly consider the written submission, the Committee recess this hearing and reconvene on Monday, May 5 at 3:45 p.m. At that time the appellant and respondent will have the opportunity to respond to new information contained in the written submissions presented at today’s hearing.
/ City Manager
Due: May 5/08

Carried

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

(Q.1. continued on page 11)

Q.2.O. F. – Appeal of City of Edmonton Business Licence 7342383-001 Suspension, for the Operation of the Y Club 10028 – 102 Street, Pursuant to Section 10(1) of the Business Licence Bylaw 13138.

Councillor K. Leibovici asked if anyone objected to any Member of the Quasi-Judicial Standing Committee hearing the appeal. There were none.

Councillor K. Leibovici explained the appeal process.

Moved D. Iveson:

That the Committee hear from the followinginterested parties and that they be split into two panels of nine each:

  1. T. P., Edmonton Police Service
  2. K. D., Edmonton Police Service
  3. J. F., Edmonton Police Service
  4. T. C., Public Safety Compliance Team, Complaints and Investigations, Development and Compliance Office
  5. S. D., Procura
  6. L. M.
  7. C. Y., Play Promotions Ltd. Liquid Ice Energy Drink
  8. K. W., SIRKit. Ltd.
  9. R. C.
  10. J. K., River View Inn
  11. K. S.
  12. T. D.
  13. M. C., Social Script
  14. K. B.
  15. K. W.
  16. R. G.
  17. E. E.
  18. M. G.

Carried

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

T. Williams., Fraser Milner Casgrain LLP, 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.

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

Moved D. Iveson:

That O. F., Appellant, be allowed to come forward and be allowed to speak for up to five minutes in addition to his Legal Counsel.

Carried

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

Moved D. Iveson:

That T. Williams., Fraser Milner Casgrain LLP, Solicitor for the Appellant, and J. Price, Planning and Development Department, be allowed to speak for an additional five minutes.

Carried

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

T. Williams., Fraser Milner, Casgrain LLP, Solicitor for the Appellant, made a presentation.

O. F., Appellant, made a presentation.

T. W., Fraser Milner, Casgrain, Solicitor for the Appellant, and
O. F., Appellant, answered the Committee’s questions.

T. W., Fraser Milner, Casgrain, Solicitor for the Appellant, referred to a written submission, copies of which were distributed to Members of the Committee and a copy was filed with the Office of the City Clerk.

J. Price, Planning and Development Department, made a presentation and answered the Committee’s questions.

J. Price, Planning and Development Department, referred to documents, copies of which were distributed to Members of the Committee and a copy was filed with the Office of the City Clerk.

B. Loewen, Corporate Services Department (Law) answered the Committee’s question.

Moved D. Iveson:

That the Committee recess until 6 p.m. and that Orders of the Day be extended to 9 p.m.

Carried

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

The Committee recessed at 5:33 p.m.

The Committee reconvened at 6:15 p.m.

L. M.; E. E.; T. D.; T. P., Edmonton Police Service, K. D., Edmonton Police Service, J. F., Edmonton Police Service; T. C., Public Safety Compliance Team, Complaints and Investigations, Development and Compliance Office; C. Y., Play Promotions Ltd. Liquid Ice Energy Drink; K. W., SIRKit. Ltd. interested parties, made presentations.

T. D., Y Club; T. P., Edmonton Police Service; K. D., Edmonton Police Service; J. F., Edmonton Police Service; T. C., Public Safety Compliance Team, Complaints and Investigations, Development and Compliance Office; answered the Committee’s questions.

R. C.; J. K., River View Inn; M. C., Social Script; K. B.; K. W.; R. G., Gariepy Lloyd Barristers and Solicitors; Legal Council to the Y Club, and M. G., made presentations.

J. K., River View Inn; R. G., Gariepy Lloyd Barristers and Solicitors;
R. C.;and M. G., answered the Committee’s questions.

A copy of a report from R. G., Gariepy Lloyd Barristers and Solicitors, was circulated to Members of Council and a copy was filed with the Office of the City Clerk,

Councillor K. Leibovici asked whether the Appellant would like to bring forward any new information.

Moved D. Iveson:

That the Committee hear from O. F., Appellant,for five minutes.

Carried

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

O. F., Appellant,made a further presentation.

Moved D. Iveson:

That O. F., Appellant, T. W., Solicitor and J. Price, Planning and Development Department, be allowed an additional five minutes to respond to new information.

Carried

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

O. F., Appellant;and T. Williams., Solicitor made a further presentationand answered the Committee’s questions.

T. Williams, made reference to written materials which were distributed to Members of the Committee and a copy was filed with the Office of the City Clerk.

Moved D. Iveson:

That the orders of the day be extended to 9:30 p.m.

Carried

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

J. Price, Planning and Development Department, made a further presentation.

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

Moved D. Iveson:

That B. Loewen, Corporate Services Department (Law), be allowed an additional 10 minutes to speak.

Carried

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

B. Loewen, Corporate Services Department (Law), made a further presentation. J. Price, Planning and Development Department; and
B. Loewen, and J. Johnson, Corporate Services Department (Law), answered the Committee’s questions.

Moved T. Caterina:

That the Committee meet in private pursuant to section20 of the Freedom of Information and Protection of Privacy Act.

Carried

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

The Committee met in private at 9:52 p.m.

Moved D. Iveson:

That the Committee meet in public.

Carried

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

The Committee met in public at 10:25 p.m.

Moved D. Iveson:

That we adjourn and reconvene to continue the Y Club appeal. In consideration of the quantity of both the written and oral materials submitted as evidence today, both by the Appellant and Respondent and the interested parties, the Committee moves to adjourn this hearing and reconvene on Monday, May 5, 2008, as the second item at 3:45 p.m. at that time.

Reconsidered

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

Moved T. Caterina:

That the following motion be reconsidered:

Moved: D. Iveson:

That we adjourn and reconvene to continue the Y Club appeal. In consideration of the quantity of both the written and oral materials submitted as evidence today, both by the Appellant and Respondent and the interested parties, the Committee moves to adjourn this hearing and reconvene on Monday, May 5, 2008, as the second item at 3:45 p.m. at that time.

Carried

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

Moved D. Iveson:

In consideration of the quantity of both the written and oral materials submitted as evidence today, both by the Appellant and Respondent and the interested parties, the Committee moves to continue this hearing on Monday, May 5, as the second item at 3:45 p.m.

Carried

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

(Q.2. continued on page 15)

Moved T. Caterina:

That the Committee meet in private pursuant to section20 of the Freedom of Information and Protection of Privacy Act.

Carried

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

The Committee recessed at 10:29 p.m.

[The Committee reconvened in private on Tuesday, April 22, 2008, and Tuesday, April 29, 2008, to consider written evidence and deliberate]

The Committee reconvened May 5, 2008, at 4 p.m.

Q.1.D. and P. V. – Appeal of City of Edmonton Business Licence 7342149-001 Suspension for the Operation of Smokin’ Joe’s Roadhouse, 615 Hermitage Road, Pursuant to Section 10(1) of Business Licence Bylaw 13138.

(Q.1. continued from page 5)

Moved D. Iveson:

That the Committee meet in public.

Carried

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

The Committee met in public at 4 p.m.

Q.1.D. and P. V. – Appeal of City of Edmonton Business Licence 7342149-001 Suspension for the Operation of Smokin’ Joe’s Roadhouse, 615 Hermitage Road, Pursuant to Section 10(1) of Business Licence Bylaw 13138.

Councillor K. Leibovici explained the hearing process.

Councillor K. Leibovici asked B. D., Doherty Schuldhaus LLP, Solicitor ,and D. V., Appellant if they would like to respond to any new information contained in the written submissions provided at the April15, 2008, Quasi-Judicial Standing Committee meeting. B. D., Solicitor and D. V., Appellant, did not wish to make a further presentation.

Councillor K. Leibovici asked whether J. Price, Planning and Development Department, Respondent, would like to respond to any new information contained in the written submissions provided at the
April 15, 2008, Quasi-Judicial Standing Committee meeting.

J. Price, Planning and Development Department, made a further presentation. His request to submit new written evidence dated April 22, 2008, was denied by the Committee

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

Moved D. Iveson:

That the Committee meet in private, pursuant to section 20 of the Freedom on Information and Protection of Privacy Act.

Carried

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

The Committee met in private at 4:07 p.m.

Moved T. Caterina:

That the Committee meet in public.

Carried

For the Motion:T. Caterina, D. Iveson, K. Leibovici.

The Committee met in public at 4:17 p.m.

Q.1. Review of City of Edmonton Business Licence Suspension 7342149-001 for the Operation of Smokin’ Joe’s Roadhouse

Evidence:

In dealing with this review of the 3-month suspension against Smokin’ Joe’s Roadhouse, the Quasi Judicial Standing Committee has considered the following evidence:

  1. Mr. B.D. made a presentation on behalf of Smokin’ Joe’s Roadhouse and Mr. V., answered the Committee’s questions, and later responded to new information on two separate occasions. He submitted the following documents:
  2. Letter dated February 11, 2008, to the Office of the City Manager.
  3. A statutory declaration dated February 13, 2008.
  4. A letter dated February 11, 2008, from Doherty Schuldhaus LLP to the Office of the City Manager.
  5. Letters dated January 11, 2008, and February 5, 2008, from
    Jeff Price, Planning and Developmentto D. and P. V.
  6. A letter dated January 9, 2008, and report from G. G., Public Safety Compliance Team Coordinator, Corporate Services Department, to the Chief Licence Inspector, Public Safety Compliance Team.
  7. A binder of written documents pertaining to Smokin’ Joes.
  8. Mr. D. V. made a presentation, later responded to new information, and answered the Committee’s questions.
  9. Mr. Jeff Price, Planning and Development Department, Respondent, made a presentation and Mr. Price, and Mr.
    B. Loewen, Law Branch responded to new information on behalf of Administration, answered the Committee’s questions and submitted the following documents:

a.A letter dated February 5, 2008, from Jeff Price, Planning and Development Department.

  1. A letter date January 11, 2008, from Jeff Price, Planning and Development Department, with 15 attachments:
  2. Letter from G. G. dated January 9, 2008
  3. Copy of Business Licence 7342149-001
  4. Corporate Registry Search for 514356 Alberta Limited
  5. EPS daily report log
  6. EPS Calls for Service with event details
  7. Public Safety Compliance Team (PSCT) letter to owner
    D. V.
  8. Smokin’ Joes cheap drink advertisement
  9. EPS Incident report 07-166364
  10. Complaint package submitted by Friendly Frog Daycare
  11. Parent complaint letters submitted to Friendly Frog Daycare
  12. Letter from Clareview Crime Council
  13. E-mail copy: EPS S.O.P. information
  14. EPS Incident report 08-3971
  15. AGLC Disciplinary Action report
  16. PSCT Premises history report
  17. A letter and twenty-four attachments received by Planning and Development Department on January 24, 2008, from D. V.

The Committee also heard from the following interested parties:

  1. Sergeant C. W., Edmonton Police Service, made a presentation and answered the Committee’s questions.
  2. Mr. G. G., Public Safety Compliance Team Coordinator, made a presentation and answered the Committee’s questions.
  3. Ms. A. E.
  4. Ms. L. Z.
  5. Mr. R. M.
  6. Mr. P. J.
  7. Mr. C.S.
  8. Mr. D. N.
  9. Mr. N. Q.

Finding of Fact:

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