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CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

APRIL 10, 2003

A Business License Hearing of the Council of the City of Vancouver was held on, Thursday, April 10, 2003, in the Council Chamber, Third Floor, City Hall, commencing at 7:30 p.m., to determine whether or not the 2003 City of Vancouver business licenses granted to Henry Y. Siu and Man T. Siu (the "Licensees"), for business premises located at 2520 and 2530 Carolina Street, Vancouver, British Columbia (the "Premises"), should be suspended or revoked.

PRESENT:

Councillor Sam Sullivan, Chair

 

Councillor Tim Stevenson

 

Councillor Ellen Woodsworth

   

CITY CLERK'S OFFICE:

Denise Salmon, Meeting Coordinator

1. Henry Y. Siu and Man T. Siu - 2520 and 2530 Carolina Street (File 2711-55)

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:

Catherine Kinahan, Counsel, was present on behalf of the City of Vancouver. Ms. Amy Lau, daughter of Henry and Man Siu represented the licensees. Ms. Kinahan noted Ms. Lau also acts as manager of the two licensed properties.

Ms. Kinahan advised 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 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 Council members.

Ms. Kinahan referred the Panel to evidence before it as set out in Police Reports, reports of Property Use Inspectors, documentation which was considered by the Chief License Inspector in referring the business license to Council, a letter from the Deputy Chief License Inspector, and the evidence of witnesses, which sets out the allegations that the applicant has failed to properly manage the premises by:

Ms. Kinahan also referred the Panel to additional evidence documents, which included State of Title Certificate, reports of Property Use Inspectors, and an impact statement prepared by a neighbour (on file in the City Clerk's Office).

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

Ms. Lau also directed questions to a number of the witnesses.

Ms. Lau submitted she has managed the Carolina Street houses for a number of years for her father, and has experienced ongoing problems with tenants, although she had had many different types of people as renters. Ms. Lau referenced a number of receipts in her possession related to maintenance of the houses, but noted each time a tenant moves out further repairs are required. She further noted both plumbing and electrical materials purchased to undertake maintenance had been stolen in a number of break-ins. Ms. Lau stated she pays for private monthly garbage collection and water metre charges and has not rented the illegal suite for some time.

Ms. Lau called Peter Magilsen, former tenant, who provided details of maintenance jobs he had undertaken for Ms. Lau prior to his eviction from the Sui's illegal basement suite. In response to a question from Council, Mr. Magilsen did agree the neighbours were justified in their complaints. Caleb Henyu, another of Ms. Lau's tenants, provided additional details of his time spent living in one of the Carolina Street houses.

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 the City of Vancouver business license for the year 2003 granted to Henry Y. Siu and Man T. Siu (the "Licensees"), for business premises located at 2520 and 2530 Carolina Street, Vancouver, should be suspended or revoked.

PANEL MEMBERS DISCUSSION

Prior to a decision on this matter, Panel members noted that in addition to the allegations set out in the evidence brief, Ms. Lau has demonstrated very little concern for those living in the neighbourhood and has failed to act with basic respect for the affected parties.

MOVED by Councillor Stevenson

THAT the 2003 Business License granted to Henry Y. Siu and Man T. Siu (the "Licensees"), for business premises located at 2520 and 2530 Carolina Street, Vancouver, British Columbia (the "Premises"), be revoked because the Licensees have failed to properly manage these premises by:

FURTHER THAT should any further business license applications be submitted to the City of Vancouver by Henry Y. Siu and /or Man T. Siu (the "Licensees"), that such applications must be referred to Vancouver City Council.

CARRIED UNANIMOUSLY

The Business License Hearing Panel adjourned at 9:55 p.m.

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