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CITY OF VANCOUVER BUSINESS LICENSE HEARING MINUTES JUNE 12, 2003 |
A Business License Hearing of the Council of the City of Vancouver was held on Thursday, June 12, 2003, in the Council Chamber, Third Floor, City Hall, commencing at 7:30 p.m., to hear an appeal from the suspension by the Chief License Inspector of the 2003 business license issued to Adham Abdullah dba Adam's Pizza, a limited service food establishment, for business premises located at 151 East Hastings Street, Vancouver, British Columbia.
PRESENT: |
Councillor Fred Bass, Chair |
Councillor Jim Green | |
Councillor Tim Stevenson | |
CITY CLERK'S OFFICE: |
Lori Isfeld, Meeting Coordinator |
1. Adham Abdullah Dba Adam's Pizza - 151 East Hastings Street (File 2711-57)
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 Office of the City Clerk) and the evidence of witnesses:
Tab
Notice of Hearing
1 Licenses and Inspections
1999 Business License #99-336113 dated June 11, 1999
2000 Business License #00-136954 dated January 7, 2000
2001 Business License #01-123926 dated January 29, 2001
2002 Business License #02-106563 dated January 14, 2002
Letter to Adham Abdullah from B. Windsor dated March 21, 2002
Property Use Inspection Report #UI 16965 dated March 22, 2002
Letter to Adham Abdullah from P. Teichroeb dated April 10, 2002
Property Use Inspection Report #UI 17113 dated April 11, 2002
Property Use Inspection Report #UI 17167 dated April 17, 2002
Handwritten notes dated March 20, 2002
Handwritten notes dated March 25, 2002
2003 Business License #03-404387 dated February 5, 2003
Letter to Adham Abdullah from B. Windsor dated April 17, 2003
Property Use Inspection Report #UI 19886 dated April 17, 2003
Handwritten notes dated April 24, 2003
Property Use Inspection Report #UI 19962 dated April 28, 2003
Letter to Adham Juma Abdullah from P. Teichroeb dated April 28, 2003
Letter to Paul Teichroeb from Noah Quastel dated May 6, 2003
Letter to City Clerk from Noah Quastel dated May 7, 2003
Letter to Noah Quastel from P. Teichroeb dated May 9, 2003
Letter to Val Woollacott from Grant Hardman dated May 21, 2003
2 Health Department
Environmental Health Inspection Report #8 dated May 1, 2001
Environmental Health Inspection Report #9 dated January 10, 2002
Memo to Barb Windsor from Richard Taki dated May 22, 2003 with attachments
3 Police Department
#2002-61481 dated March 18, 2002
#2003-57140 dated March 9, 2003
#2003-79657 dated April 5, 2003
Photos
Relinquishment of Claim Form dated April 5, 2003
Catherine Kinahan, City Lawyer, was present on behalf of the City. The applicant was represented by his wife, Havin Saed.
This matter had been referred to City Council by the Chief License Inspector pursuant to Section 8(1) of the License By-law of the City of Vancouver, Section 275 of the Vancouver Charter, which provides that the granting or refusing of a license to an Applicant is deemed to be in the discretion of the Council. Section 277.1 of the Vancouver Charter 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 documents which were considered by the Chief License Inspector in suspending the License, a letter from the Deputy Chief License Inspector and the evidence of witnesses, all of which set out the allegations that the Applicant has failed to properly manage the Premises by:
(a) purchasing food which has not been obtained from an approved source, contrary to the provisions of Health By-law No. 6580;
(b) being the operator of food premises, having food on the Premises which is not obtained from an approved source, contrary to the provisions of Food Premises Regulation No. 210/99 of the Health Act of British Columbia; and
(c) carrying on business to the detriment of the safety and well being of the public.
Ms. Kinahan submitted that a large amount of stolen cheese had been found on the premises, and noted that in addition to being a serious health risk, cheese theft results in significant costs to Safeway stores, their customers, and to businesses who are buying and selling food products legitimately. Ms. Kinahan explained the Panel could uphold the License suspension, overturn the License suspension, issue a lengthier License suspension, attach conditions to the License or revoke the License.
Ms. Kinahan also drew the Panel's attention to the following two documents submitted at the hearing:
· Memorandum dated June 10, 2003, from Richard Taki, Environmental Health with relevant sections of the FoodSafe Manual and FoodSafety Plan;
· Handwritten notes by Sgt. Doug Fisher.
In support of the allegations set out in the above-noted reports and evidence, Ms. Kinahan called the following witnesses:
1. Barb Windsor, Deputy Chief License Inspector
2. Dave Dagg, Assistant Manager, ICOR Security
3. D/C 1660 Jeff Rice
4. Sgt. 1006 Doug Fisher, Anti-fencing Unit
5. Grant Hardman, Director of Security, Canada Safeway
6. Richard Taki, Senior Health Inspector, Vancouver Coastal Health Authority
While Ms. Saed agreed the business had not been operated appropriately, she also submitted they are being treated unfairly because other businesses being operated in a similar manner have been given much shorter suspensions. Ms. Saed urged the Panel to reduce the suspension because of the hardship it will cause her family.
Ms. Kinahan submitted that the evidence presented at this Hearing accords with the allegations as set out in the evidence briefs and reviewed the options available to the Panel in regard to a decision on this matter.
PANEL MEMBERS DISCUSSION
Prior to a decision on this matter, Panel members noted the applicant's demonstrated history of allegations as set out above, the continued failure to ensure compliance with City By-laws, failure to comply with licensing requirements for the business and failure to manage the business appropriately.
MOVED by Councillor Green
A. THAT a three month suspension by the Chief License Inspector, pursuant to Section 277 of the Vancouver Charter, of the 2003 Business License issued to Adham Abdullah doing business as Adam's Pizza, a limited service food establishment, for business premises located at 151 East Hastings Street, Vancouver, British Columbia, be upheld because the Applicant has failed to properly manage the premises by:
(a) purchasing food which has not been obtained from an approved source, contrary to the provisions of Health By-law No. 6580;
(b) being the operator of food premises, having food on the Premises which is not obtained from an approved source, contrary to the provisions of Food Premises Regulation No. 210/99 of the Health Act of British Columbia;
(c) causing unfair competition for local businesses which operate in a legitimate manner; and
(d) carrying on business to the detriment of the safety and well being of the public.
B. THAT if further concerns arise in regards to the operation of this licensed establishment, the Deputy Chief License Inspector is to refer the Business License directly to Council.
CARRIED UNANIMOUSLY
The Business License Hearing Panel adjourned at 8:46 p.m.
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