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CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

MAY 18, 2000

A Business License Hearing of the Council of the City of Vancouver was held on Thursday, May 18, 2000, in the Council Chamber, Third Floor, City Hall, commencing at 7:30 p.m., to determine whether or not a City of Vancouver business license for the year 2000 ought to be issued to Stadium Equities Ltd., doing business as West Hotel Public House, for the business premises located at 488 Carrall Street, Vancouver, British Columbia.

PRESENT:	Councillor Fred Bass, Chair Councillor Daniel Lee Councillor Sandy McCormick
CITY CLERK’S OFFICE:	Laura Kazakoff, Meeting Coordinator

1. West Hotel - 488 Carrall Street File: 2711-30

The Business License Hearing Panel had before it for consideration an Evidence Brief, prepared by the City's Legal Department, which contained the following material (on file in the City Clerk's Office) and the evidence of witnesses:

Tab

Notice of Hearing
Letter from Paul Teichroeb, Chief License Inspector, to Stadium Equities Ltd., doing business as West Pub, dated December 22, 1999

1 Permits and Licenses Department

1999 Business License of Stadium Equities Ltd., 488 Carrall Street
Company Search of Stadium Equities Ltd.
Letter from Paul Teichroeb, Chief License Inspector, to Stadium Equities Ltd., doing business as West Pub, dated December 1, 1999
License Bill in the amount of $595.00 for the premise at 488 Carrall Street
Property Use Inspection Report, dated December 6, 1999
Cheque in the amount of $595.00 from West Hotel (Stadium Equities Ltd.) Made payable to the City of Vancouver, dated December 6, 1999

2 Report of Ken Suzuki, dated March 2, 1999
Information sworn March 8, 1999, in the name of Stadium Equities Ltd. Under Fire By-law 7004
Fire Department Report dated June 8, 1999

3 Vancouver Police Department Reports

Case No. 98-178518, dated August 1, 1998
Case No. 98-201208, dated August 25, 1998
Case No. 98-213157, dated September 7, 1998
Case No. 98-235174, dated October 3, 1998
Case No. 98-240785, dated October 10, 1998
Case No. 98-260374, dated November 3, 1998
Case No. 98-277264, dated November 24, 1998
Case No. 98-278721, dated November 26, 1998
Case No. 98-284570, dated December 1, 1998
Case No. 98-283772, dated December 3, 1998
Case No. 98-283995, dated December 3, 1998
Case No. 98-284643, dated December 4, 1998
Case No. 98-298649, dated December 23, 1998
Case No. 99-15066, dated January 20, 1999
Case No. 99-19410, dated January 26, 1999
Case No. 99-23692, dated February 1, 1999
Case No. 99-23701, dated February 1, 1999
Case No. 99-30344, dated February 9, 1999
Case No. 99-34935, dated February 15, 1999
Case No. 99-43983, dated February 27, 1999
Case No. 99-52590, dated March 4, 1999
Case No. 99-52593, dated March 5, 1999
Case No. 99-52594, dated March 9, 1999
Case No. 99-62954, dated March 24, 1999
Case No. 99-81358, dated April 17, 1999
Case No. 99-87489, dated April 24, 1999
Case No. 99-125639, dated June 11, 1999
Case No. 99-126529, dated June 11, 1999
Case No. 99-128187, dated June 13, 1999
Case No. 99-131843, dated June 17, 1999
Case No. 99-132592, dated June 18, 1999
Case No. 99-132617, dated June 18, 1999
Case No. 99-135268, dated June 21, 1999
Memo from Sgt. 667 Hufsmith to Insp. Beach, dated June 22, 1999, Case No. 99-135226
Memo from Sgt. 667 Hufsmith to Insp. Beach, dated June 22, 1999, Case No. 99-135968
Case No. 99-136049, dated June 22, 1999
Case No. 99-136603, dated June 23, 1999
Memo from Sgt. 667 Hufsmith to Insp. Beach, dated June 23, 1999, Case No. 99-136545
Memo from Sgt. 667 Hufsmith to Insp. Beach, dated June 24, 1999, Case No. 99-137547
Case No. 99-187990, dated August 20, 1999
Case No. 99-187992, dated August 20, 1999
Case No. 99-202967, dated September 6, 1999
Case No. 99-204871, dated September 8, 1999
Case No. 99-211709, dated September 15, 1999
Memo from Cst. Fedirchuk to Barb Windsor and Lisa Field, dated September 16, 1999
Case No. 99-276945, dated December 5, 1999
Case No. 99-293866, dated December 28, 1999
Case No. 99-294605, dated December 29, 1999
Case No. 2000-0753, dated January 1, 2000
Case No. 00-4599, dated January 6, 2000
Calls for Service to the West Hotel - 488 Carrall Street, 1995 to 1999
E-mail dated April 19, 2000, from Ken Frail to Barb Windsor and Catherine Kinahan

4 Liquor Control & Licensing Branch Documents

License Premise Check dated February 26, 1999
Letter from Robert J. McArthur, Liquor Inspector, to The Owner/Manager of the West Hotel, dated March 2, 1999
License Premise Check dated June 21, 1999
License Premise Check dated June 22, 1999
License Premise Check dated June 23, 1999
License Premise Check dated June 23, 1999
License Premise Check dated June 24, 1999
Letter from Lisa MacDonald, Liquor Inspector, to The Owner/Manager of the West Hotel, dated July 22, 1999
License Premise Check dated July 25, 1999
Licence Premise Checks dated August 20 and August 28, 1999
Memo from N. Stackhouse, Liquor Inspector, to C. Bergman, Senior Inspector, dated September 9, 1999
Letter from N. Stackhouse, Liquor Inspector, to The Owner/Manager of the West Hotel, dated September 9, 1999
License Premise Check dated September 23, 1999
License Premise Check dated September 26, 1999
License Premise Check dated December 27, 1999
License Premise Check dated December 27, 1999

Catherine Kinahan, Corporation Counsel, was present on behalf of the City. The applicant, Stadium Equities Ltd., was represented by Roderick Henderson, of Henderson Livingston Stewart, Barristers and Solicitors.

Ms. Kinahan noted proceedings were taking place pursuant to Section 275 of the Vancouver Charter, which provides that the issuance of a business license is deemed to be at the discretion of Council, and section 277.1 of the Vancouver Charter, which confers on Council the power to delegate the holding of business license hearings to one or more Councillors. Ms. Kinahan referred the Panel to evidence before it as set out in police reports, property use reports, License Premise Checks, a letter from the Chief License Inspector, letters from Provincial liquor inspectors, documentation which was considered by the Chief License Inspector in referring this matter to Council, and the evidence of witnesses, which sets out the allegations that the applicant has failed to properly manage the business by:

(a) permitting or failing to prevent trafficking in illicit drugs on the Licensed Premises;

(b) permitting or failing to prevent breaches of the Liquor Control and Licensing Act and Regulations on the Licensed Premises;

(c) failing to control the activities of patrons on the Licensed Premises; and

(d) failing to control the activities of staff on the Licensed Premises;

thereby carrying on business to the detriment of the safety and well-being of the public.

The Panel also had before it a letter dated February 11, 2000, from Catherine Kinahan on behalf of the City of Vancouver, to the counsel for the applicant, in which the City of Vancouver agrees to the adjournment of the previously scheduled Business License Hearing date of February 14, 2000, to a future date, and sets out conditions to be met by the applicant regarding the management of the West Hotel Pub.

Ms. Kinahan noted that much of the evidence will be presented by way of an “Admissions of Fact” which were previously agreed to by the counsel for the applicant and by herself, the result of such cooperation being a considerable savings in time and money to the City of Vancouver. She also noted that she anticipated the Panel will hear evidence from three witnesses who will recommend that a 2000 business license be issued to the applicant, despite the history of allegations, the reasons for which will become clear during the witness' testimony.

Ms. Kinahan advised the adjournment of the February 14, 2000, Business License Hearing had been requested by the applicant in order for them to demonstrate to the City of Vancouver that they are capable of properly managing the business premises, and that since that date, the problems which resulted in this Hearing appear to have been largely resolved.

Ms. Kinahan read out the “Admissions of Fact” which were previously agreed to by the counsel for the applicant and by herself and which are contained in the evidence package.

Ms. Kinahan called the following witnesses:

· Sgt. 367 Ken Frail
· Lisa Field, Liquor Inspector, Liquor Control and Licensing Branch
· Paul Teichroeb, Chief License Inspector

Mr. Henderson, on behalf of the applicant, also directed questions to the witnesses.

Mr. Henderson submitted that the applicant has experienced some difficulties, for which the Panel has heard evidence, but noted there has been a positive response on behalf of the applicant in effecting changes which appear to be acceptable to all parties. He further submitted that the level of response by the applicant to turn the situation around, and the process of cooperation with the Police and Liquor Control and Licensing Branch, is such that the applicant is worthy of consideration of the issuance of a 2000 Business License.

PANEL MEMBERS' DISCUSSION

Prior to a decision on the matter, Panel members noted the applicant's demonstrated efforts and achievements in improving the manner in which the Business premises are managed.

MOVED by Cllr. McCormick,

A. THAT a 2000 business license be issued to the applicant, Stadium Equities Ltd., doing business as West Hotel Public House - 488 Carrall Street, Vancouver, B.C., on the condition that the applicant enters into an Operating Agreement with the City of Vancouver with the following conditions:

1. the operation of the video camera at the entrance to the pub is to be maintained; tapes from the video camera are to be kept by the applicant for seven days;

2. the Management Committee will continue to meet on a monthly basis for the remainder of the year and will record minutes of the meetings;

3. name tags are to be worn by all staff and management at all times while on duty;

4. the “dead end corner” of the bar, being the southwest corner of the bar to the west of the lobby door, will continue to be cordoned off;

5. a pub manager is to be on duty at all times that the pub is open for business;

6. the pub must be operated in accordance with the Operations Manual approved by the applicant's Board of Directors;

7. a doorman is to be on duty every night from 6:00 p.m. to closing time at 11:00 p.m.;

8. the door from the pub to the lobby of the hotel is to be closed every night at 11:00 p.m.;

9. washroom checks are to be carried out every hour and the checks recorded.

B. THAT Council be informed should any further problems in relation to the management of the Business premises arise which are of concern to the Vancouver Police Department or to the Provincial Liquor Control and Licensing Branch.

- CARRIED UNANIMOUSLY

The Panel adjourned at 9:45 p.m.

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(c) 1998 City of Vancouver