Winston’s City Centre Ltd. - Tobacco Dealer License Suspension Appeal
Recommendation:That the decision of the License Inspector to suspend the Tobacco Dealer License for a three (3) month period at Winston’s City Centre Ltd., located at #155, 10150 - Jasper Avenue be confirmed.
Report Summary
- A violation of the Tobacco Act by Winston’s City Centre Ltd. lead to a court conviction in May, 1999.
- Health Canada requested a review of the Tobacco Dealer license based upon this conviction.
- A License hearing was convened, resulting in a decision by the License Inspector to suspend the Tobacco Dealer license for a three (3) month period.
- Winston’s City Centre Ltd. is appealing the decision of the License Inspector to the Community Services Committee.
Report
- On October 28, 1998 Winston’s City Centre Ltd. was charged under the Tobacco Act for selling tobacco products to a person under the age of 18 years.
- On May 12, 1999 the Court accepted a guilty plea from the Director of this company, Mr. Sachedina, arising from the above charge.
- Health Canada requested a review of the Tobacco Dealer license based on the May 12, 1999 conviction.
- A License hearing was convened on July 28, 1999 regarding the May 12, 1999 guilty plea.
- The decision of the License Inspector was to suspend the Tobacco Dealer license for Winston’s City Centre Ltd. for a period of three (3) months.
- Winston’s City Centre Ltd. filed a letter of appeal concerning the decision of the License Inspector with the City Clerks Office, causing this matter to be heard by the Community Services Committee.
- Section 407.D of the License Bylaw outlines the power of the Community Services Committee on hearing an appeal. Specifically, Section 407.D.2 states that:
“After hearing the appeal, the Community Services Committee may
a) confirm;
b) vary; or
c) overturn
the decision of the License Inspector.
- The License Inspector is requesting that the decision to suspend the Tobacco Dealer license for a three (3) month period be confirmed for the following reasons.
- Winston’s City Centre Ltd. was charged under the Tobacco Act for selling cigarettes to a person under the age of 18 years.
- A guilty plea was offered to the Court on May 12, 1999 by the Director of this company.
- Section 548.2 of the License Bylaw No. 6124 specifies that every person issued a Tobacco Dealer license shall comply with all provisions of applicable laws respecting tobacco products.
- This action is consistent with previous decisions of the License Inspector where similar circumstances exist.
Legal Implications
- Any decision with respect to the license suspension may be challenged in the courts.
Justification of Recommendation
- Winston’s City Centre Ltd. pleaded guilty in Provincial Court to an offense under the Tobacco Act. Following a License Hearing, the License Inspector has suspended the Tobacco Dealer license issued to this business for three (3) months. This enforcement action is consistent with previous similar situations.
Background Information Attached
- Letters sent to John R.Carlson, representing the appellant.
- December 30, 1999 letter to Mr. H. Sachedina, c/o Winston’s City Centre Ltd. regarding suspension of the Tobacco Dealer license.
- January 10, 2000 letter of appeal to the City Clerk from Brownlee Fryett, acting on behalf of Winston’s City Centre Ltd.
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