Quasi-Judicial Standing Committee Minutes

March 24, 2009

Members: / Present:
B. Henderson, Chair / B. Henderson
L. Sloan, Vice-chair / L. Sloan
K. Krushell / K. Krushell

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 B. Henderson called the meeting to order at 9:37 a.m.

A.3.Adoption of Minutes

Moved K. Krushell:

That theMarch 13, 2009,Quasi-Judicial Standing Committee meeting minutes be adopted.

Carried

For the Motion:B. Henderson, K. Krushell, L. Sloan.

A.5.Explanation of Public Hearing or Appeal Hearing Process

Councillor B. Henderson explained the appeal hearing process and asked if anyone objected to any Member of the Quasi-Judicial Standing Committee hearing the appeals. No one objected.

Q.QUASI-JUDICIAL STANDING COMMITTEE MATTERS

Q.1.Society for Promotion of Alternative Arts and Music – Y Club Appeal of Business Licence 7342383-001 Conditions

Councillor B. Henderson indicated that it was the understanding of the Committee that there was an Agreement between the affected parties, and asked if either party wished to speak.

T. Williams, Solicitor for the Appellant, Society for Promotion of Alternative Arts and Music – Y Club, and T. Courtoreille,
Respondent, Planning and Development Department, made presentations.

Moved K. Krushell:

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

Carried

For the Motion:B. Henderson, K. Krushell, L. Sloan.

The Committee met in private at 9:40 a.m.

Moved K. Krushell:

That the Committee meet in public.

Carried

For the Motion:B. Henderson, K. Krushell, L. Sloan.

The Committee met in public at 9:43 a.m

Decision

Moved K. Krushell:

That the conditions imposed on business licence,7342383-001 be varied as follows:
  1. No customers or patrons will be allowed entry into the business premises after 4:30 a.m. until closing except on special occasions as defined in the Memorandum of Understanding dated the 22nd of March, 2009, between the Edmonton Police Service and the Society for Promotion of Alternative Arts and Music.
  2. The Licensee shall not allow patrons or customers to enter the business premises more than once per business day. For greater certainty, this includes patrons or customers who leave the premises whether or not they wish to pay the cover charge again in order to gain access to the premises. In order to establish a breach of this condition it shall only be necessary to prove that a patron or customer entered the premises more than once in a business day and it shall not be necessary to prove that the Licensee or its owners, management or employees had knowledge that the patron or customer had entered the premises more than once in a business day. However, it shall not be considered a breach of this condition if the Licensee proves on a balance of probabilities that the second entry was not identified by the electronic patron scanning system and there has otherwise been reasonable diligence by the owners, management and staff.
  3. The business shall abide by the terms of the Memorandum of Understanding between the Edmonton Police Service and the Licensee dated the 22nd of March, 2009. A breach of the Memorandum of Understanding shall lead to the implementation of further conditions on the business license in accordance with that document.
/ Planning & Dev.

Reasons

The Committee acknowledges, as stated by Mr. Williams, that cooperation between the parties provides the best resolution and long term viability of the neighbouring community and the business establishment.

The statement contained in Mr. Ashmore’s letter of March 22, 2009, is reasonable: “These conditions and the attached agreement are intended to increase public safety and provide an improved environment in the neighbouring community.“

The parties cooperated and arrived at the above conditions by consent.

The Committee accepts that there are significant public interest concern issues, noted in the record, that will be reasonably mitigated by the agreed upon conditions.

Carried

For the Motion:B. Henderson, K. Krushell, L. Sloan.

S.ADJOURNMENT

The meeting adjourned at 9:47a.m.

______

ChairCity Clerk

INDEX

QUASI JUDICIAL STANDING COMMITTEE MINUTES

MARCH 24, 2009

A.CALL TO ORDER AND RELATED BUSINESS

A.1.Call to Order

A.3.Adoption of Minutes

A.5.Explanation of Public Hearing or Appeal Hearing Process

Q.QUASI-JUDICIAL STANDING COMMITTEE MATTERS

Q.1.Society for Promotion of Alternative Arts and Music – Y Club Appeal of Business Licence 7342383-001 Conditions

S.ADJOURNMENT

Quasi-Judicial Standing CommitteeMinutes | March 24, 2009 cj1 of 4