CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

April 25, 2002

A Business License Hearing of the Council of the City of Vancouver was held on Thursday, April 25, 2002, in the Council Chamber, Third Floor, City Hall, commencing at 7:45 p.m., to determine whether or not a City of Vancouver business license for the year 2002 should be issued to the Applicant, Oslaida Valero, doing business as The Friend's House Restaurant, for business premises located at 343 East Hastings Street, Vancouver, British Columbia.

PRESENT:	Councillor Sandy McCormick, Chair Councillor Daniel Lee Councillor Tim Louis
CITY CLERK'S OFFICE:	Nancy Largent, Meeting Coordinator

1. 343 East Hastings Street (The Friend's House Restaurant) File: 2711-46

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:

Notice of Hearing

Tab
1 Permits and Licenses Department

Application for Transfer dated October 18, 2000
Business License Pre Application Information Sheet dated October 18, 2000
Application for Business License dated October 30, 2000
Health Report dated December 19, 2000
Health Report dated December 20, 2000
Ministry of Health Application dated December 20, 2000
Health Report dated December 22, 2000
Food Service Establishment dated December 22, 2000
Health Report dated January 2, 2001
Health Report dated January 16, 2001
Health Report dated January 30, 2001
2001 Business License dated February 5, 2001
Liquor License dated March 22, 2001
Letter to Oslaida Valero from B. Windsor dated July 9, 2001
Health Report dated July 9, 2001
Handwritten notes dated July 13, 2001
Letter to Oslaida Valero from B. Windsor dated July 17, 2001
Property Use Inspection Report #UI 15732 dated October 19, 2001
Letter to Oslaida Valero from B. Windsor dated November 13, 2001
Letter to Patrick D. Angly from B. Windsor dated December 12, 2001
Property Use Inspection Report #UI 16236 dated January 2, 2002
Letter to B. Windsor from Patrick D. Angly dated January 23, 2002
Letter to Patrick D. Angly from B. Windsor dated February 27, 2002
Health Report dated March 5, 2002

2 Police Department

Report #00-252928 dated November 3, 2000
Report #01-5056 dated January 7, 2001
Report #01-32814 dated February 15, 2001
Report #2001-240243 dated October 18, 2001
Report #2001-240866 dated October 19, 2001
Memo to Paul Teichroeb from Jill Proctor dated February 27, 2002

The following documents were submitted at the Hearing (on file in the City Clerk's Office):

· the Health Act, Food Premises Regulation, BC Reg 210/ 99;
· Property Use Inspection Report dated 030226 (sic).

Catherine Kinahan, Corporation Counsel, was present on behalf of the City. Ms. Kinahan introduced applicant Oslaida Valero, and her husband Jose Valladeres Diaz, who represented Ms. Valero. Monica Grenadino, interpreter, provided Spanish interpretation services for Ms. Valero and Mr. Valladeres Diaz.

Ms. Kinahan noted this matter had been referred to City Council by the Chief License Inspector pursuant to Section 4(2a) of the License By-law and that proceedings were taking place pursuant to Section 278 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 Permits, Inspection reports, Police reports, correspondence from and to the Deputy Chief License Inspector and from the Chief License Inspector, and the evidence of witnesses, which sets out the allegations that
the Applicant is likely to carry on business to the detriment of the safety and well being of the neighbourhood by:

(a) permitting or failing to prevent the purchase and sale of unlawful drugs on the Premises;
(b) failing to control the conduct of patrons on the Premises;

(c) causing a drain on Police and City resources.

In support of the allegations set out in the above noted reports and evidence, Ms. Kinahancalled the following witnesses:

· Constable 1618 Jill Proctor
· Barbara Windsor, Deputy Chief Licensing Inspector
· Virginia Jorgensen, Environmental Health Inspector
· David Janzen, Environmental Health Inspector
· Constable 1857 Callum McIntosh
· Constable 1698 Dale Weidman
· Constable Karen Twardy, CN Police
· Constable Seimens, RCMP
· Constable Humeny, RCMP
· Detective Constable 1540 Stan Cratchley
· John Chadwick, Property Use inspector
· Inspector 367 Ken Frail

Mr. Valladeres Diaz also directed questions to the witnesses.

Mr. Valladeres Diaz submitted that his innocence or guilt on the charge of drug trafficking is not before the Panel. Ms. Valero is in ill health and unable to speak English, and was unable to attend the Food Safe course given in English as required by Health regulations, but has complied with many Health, Fire and other regulations. Frequent Police presence has scared away decent customers, and sales have dropped off dramatically. There are many premises selling drugs on East Hastings. They have no money, but will not appeal if the license is taken away.

No witnesses were called by Mr. Valladeres Diaz.

Ms. Kinahan submitted that the evidence presented at this Hearing accords with the allegations as set out in the evidence briefs, and sets out the legal test for the Panel to apply in determining whether or not a City of Vancouver business license for the year 2002 ought to be issued to the Applicant, Oslaida Valero, doing business as The Friend's House Restaurant, for business premises located at 343 East Hastings Street, Vancouver, British Columbia.

Mr. Valladeres Diaz responded that the Police have not presented complete evidence or proof that drug trafficking was taking place on the premises. Mr. Valladeres Diaz alleged that The Friends House Restaurant has been singled out due to racism on the part of the Police.

PANEL MEMBERS' DISCUSSION

Prior to a decision on this matter, Panel members observed that the Applicant had failed to properly control the premises, since drugs were clearly bought and sold there. Therefore, the allegations set out in the Notice of Hearing were proven to the Panel's satisfaction.

MOVED by Councillor Louis

THAT a 2002 business license not be issued to the Applicant, Oslaida Valero, doing business as The Friend's House Restaurant, for business premises located at 343 EastHastings Street, Vancouver, British Columbia, because the Applicant has failed to properly manage the Licensed Premises by:

(a) permitting or failing to prevent the purchase and sale of unlawful drugs on the Premises;
(b) failing to control the conduct of patrons on the Premises;

(c) causing a drain on police and City resources;

thereby carrying on business to the detriment of the safety and well-being of the neighbourhood; and

FURTHER THAT the Chief License Inspector be instructed to refer any future business license application by Oslaida Valero to City Council for decision.

CARRIED UNANIMOUSLY

The Business License Hearing Panel adjourned at 10:05 p.m.

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(c) 1998 City of Vancouver