Licensing Appeals Committee

Introduction

The Licensing Appeals Committee is an all-citizens committee appointed by Council to conduct hearings of appeals under the Regional Municipality of Niagara business licensing by-laws.

Mandate

The Licensing Appeals Committee conducts hearings to decide whether or not to uphold the decision of the Licensing Officer on the refusal, revocation, suspension or addition of conditions on a business licence.

Membership

Composition

The committee will be composed of a minimum of three and a maximum of seven members with membership preference given to those with backgrounds in law, academics, enforcement and / or industry stakeholders.

Members should have knowledge and understanding of the Municipal Act, interpretation of legislation, and proven analytical and decision-making skills. Members should also have experience working on a committee, administrative tribunal, task force or similar setting.

The Committee shall not include any individual who is a current business licence holder.

When an appeal has been filed only three of the seven members of the Committee shall comprise the Committee for the purposes of reviewing and considering the appeal.

The Clerk shall determine the selection of the three sitting members of the Committee from the pool of members based on availability.

Term

The term of the Committee shall be concurrent with the term of Council.

Privacy

The Licensing Appeals Committee meetings are public. Members should be aware that their names will be in the public realm and a list of membership may be provided when requested. Member information, other than name or municipality, will be kept confidential under the Municipal Freedom of Information and Protection of Privacy Act.

Committee chair

The Committee members shall select a Chair from one of its sitting members at the first meeting.

Staff support

Clerk's office staff will provide administrative support to the Committee.

Compensation

Members shall receive an honorarium of $50 for meetings held to consider licence appeal applications. Members will be paid mileage from their place of residence to the meeting location for any other meetings.

Meetings

The Appeals Committee shall conduct its meetings on an as-required basis and in public.

The Committee shall conduct its meetings under the Rules of Practice and Procedure for the Licensing Appeals Committee and the Statutory Powers Procedures Act, with modifications as needed.

Conflicts

Committee members shall comply with the Municipal Conflict of Interest Act. They shall disclose a pecuniary interest in advance of any meeting, where possible. If not, they shall absent themselves from meetings for the time of the consideration of the appeal, discussion and voting on the matter.

In the event a member discloses a pecuniary interest respecting the appeal in advance of the meeting, the Clerk shall select another member to replace them on the Committee.

Practices and procedures

The Clerk shall establish administrative practices and procedures for the Committee.