HomeMy WebLinkAboutCRPS-09-019 - Licensing Hearing - Spreitzer Meats Ltd - 129 Bedford RdREPORT
Report To: Councillor B. Vrbanovic, Chair and Members of the Finance
and Corporate Services Committee
Date of Meeting: March 2, 2009
Submitted By: R. Gosse, Director of Legislated Services/City Clerk
Prepared By: Patricia Harris, Manager of Licensing
Ward(s) Involved: 6
Date of Report: February 19, 2009
Report No.: CRPS-09-019
Subject: Referral to a Licensing Hearing -Spreitzer Meats Ltd. -128
Bedford Rd.
RECOMMENDATION:
The Committee's direction is requested.
BACKGROUND:
Section 1 of Schedule `A' -Business Licence Procedure of Chapter 563 (Meat)) requires that
upon receipt of a complete licence application the Manager of Licensing shall either issue or
renew a licence hereunder or shall refer the matter to Council or a Committee of Council where
appropriate under the provisions of this Chapter or any other by-law of Council.
In reviewing the Licence renewal application for Spreitzer Meats Ltd., located at 128 Bedford
Road in Kitchener there are matters that have come to the attention of the Manager of Licensing
regarding non compliance of the Health Protection and Promotion Act, Ontario Food Premises
Regulation 562. The Manager has determined that a licence should not be issued at this time.
Due to the seriousness of these matters from a health and safety perspective, application for
renewal of the licence is being referred to Council.
REPORT:
On January 6, 2009 there was a newspaper article in The Record stating that Spreitzer Meats
had been cited for 64 public health infractions in two years. This led to a further investigation by
Licensing staff who confirmed with Chris Komorowski, Manager of Food Safety & Infectious
Control with the Regional Municipality of Waterloo that there had been several charges laid and
convictions registered since 2006 under the Health Protection and Promotion Act, Ontario Food
Premises Regulation 562.
It has also come to our attention that on January 14, 2009 food inspectors shut down the
premises for a week and again on February 11, 2009 for a day until all measures ordered by the
Health Unit had been completed.
Section 7 (c} of Schedule `A' -Business Licence Procedure of Chapter 563 states that the
Manager of Licensing may refer an application or a licence to Council or a Committee of Council
where "the past or present conduct of any person, including the officers, directors, employees or
agents of a corporation, affords reasonable cause to believe that the person will not carry on or
engage in the business in accordance with the law or with honesty and integrity. It further states
in Section 7 (d) that without limiting the generality of Section 7(c}, any person, including the
officers, directors, employees or agents of a corporation, has contravened this Chapter or any
other by-law or federal or provincial statute or regulation while engaged in or conducting the
business.
At this time Council has two options; direct staff to immediately issue a licence or, in order to
facilitate the review of the licence and afford the licensee the opportunity to respond to the
allegation of non-compliance, refer the matter to a Licensing Hearing. Should Council decide to
refer the matter to a hearing, consideration may be given to issue an interim or temporary
licence to the owners until the hearing has taken place. Should a temporary licence be issued,
staff is suggesting it be for the period ending June 30, 2009. This would allow sufficient time for
all parties to prepare for the hearing and yet ensure that it is held in a timely manner.
FINANCIAL IMPLICATIONS:
None
COMMUNICATIONS:
The applicant (owner of Spreitzer Meats Ltd.} and their legal counsel have been notified and
have received a copy of this report.
(Mrs) Patricia Harris
Manager of Licensing