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CITY OF VANCOUVER BUSINESS LICENSE HEARING MINUTES NOVEMBER 18, 2003 |
A Business License Hearing of the Council of the City of Vancouver was held on, Tuesday, November 18, 2003, in the Council Chamber, Third Floor, City Hall, commencing at 9:30 a.m., to hear an appeal from the suspension of the 2003 City of Vancouver business license granted to Nhan Hong Doan dba Café Da Kao for business premises located at 960 Kingsway, Vancouver, British Columbia.
PRESENT: |
Councillor Raymond Louie, Chair |
Councillor Sam Sullivan | |
Councillor Ellen Woodsworth | |
CITY CLERK'S OFFICE: |
Tina Hildebrandt, Meeting Coordinator |
1. Nhan Hong Doan Dba Café Da Kao (File 2711-60)
The Business License Hearing Panel had before it for consideration an Evidence Brief, prepared by the City of Vancouver'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 Licenses and Inspections Department
1998 Restaurant License Application dated March 11, 1998
1998 Dining Lounge Application dated March 11, 1998
Application for Transfer dated March 11, 1998
Letter to Rang Van Doan from May Cho dated April 14, 1998
Board of Variance Appeal Decision dated July 8, 1998
Application for Transfer dated September 30, 2002
2002 Dining Lounge Application dated September 30, 2002
2002 Restaurant License #02-464014 dated October 24, 2002
2003 Restaurant License #03-396115 dated December 13, 2002
Co-ordinated Inspection Report (Property Use) #CU 10174 dated March 8, 2003
Food Primary License dated April 10, 2003
2003 Dining Lounge License #03-396116 dated April 16, 2003
Co-ordinated Enforcement dated July 12, 2003
Co-ordinated Inspection Report (Property Use) #CU 10211 dated July 12, 2003
Letter to Nhan Hong Doan from B. Windsor dated August 25, 2003
Handwritten notes dated August 28, 2003
Letter to Nhan Hong Doan from B. Windsor dated September 3, 2003
Fax to B. Windsor from Michael Golden dated September 15, 2003
Letter to Michael Golden from B. Windsor dated September 16, 2003
2 Fire Department
Court Document dated November 14, 2002
Court Document dated April 25, 2003
Memo to Barb Windsor from Ken Suzuki dated July 13, 2003
3 Police Department and Liquor Control Licensing
#2002-250785 dated October 29, 2002
#2002-252669 dated October 31, 2002
Liquor Premises Check (LPC) dated October 31, 2002
Contravention Notice dated March 3, 2003
#2003-79982 dated April 6, 2003
#2003-80005 dated April 6, 2003
#2003-105760 dated May 5, 2003
#2003-110415 dated May 10, 2003
Contravention Notice dated May 10, 2003
Compliance Meeting Form dated May 13, 2003
#2003-114817 dated May 15, 2003
#2003-172327 dated July 12, 2003
Contravention Notice dated July 12, 2003
Notice of Bylaw Violated dated July 12, 2003
#2003-210278 dated August 19, 2003
Liquor Premises Check (LPC) dated August 19, 2003
#2003-240565 dated September 19, 2003
Liquor Premises Check (LPC) dated September 19, 2003
Catherine Kinahan, Counsel, was present on behalf of the City of Vancouver. Ms. Nhan Hong Doan, the Licensee, was present and was represented by Michael S. Golden of Michael Golden Law Corp. Mr. Rang Van Doan, the Licensee's father, was also present and was aided by Ms. Diem Ly Nguyen, certified Vietnamese interpreter.
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 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 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, which sets out the allegations that the Licensee has failed to properly manage the premises by:
(a) serving liquor in contravention of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267 and the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002;
(b) permitting karaoke in contravention of the Zoning and Development By-law of the City of Vancouver;
(c) permitting smoking in contravention of the Health By-law of the City of Vancouver;
(d) failing to comply with life safety provisions of the Fire By-law of the City of Vancouver;
(e) failing to control the conduct of staff on the licensed Premises; and
(f) failing to control the conduct of patrons in the licensed Premises.
Ms. Kinahan also referred the Panel to additional evidence documents, which included a Fire Inspection report, photos of the Premises and a Liquor Primary or Food Primary Inspection Interview Sheet (on file in the City Clerk's Office).
Ms. Kinahan submitted that the issue the Panel must concern itself with at this Hearing is whether or not the business is being properly managed, whether it is being managed to the detriment, safety and well being of the public and whether there has been contraventions of federal, provincial and municipal legislation which is applicable to the business.
In support of the allegations set out in the above-noted reports and evidence, Ms. Kinahan called the following witnesses:
1. Barb Windsor
2. Al Lum
3. Ken Suzuki
4. Detective Constable #1759 Martin Bruce
5. Police Constable #1712 Don J. Johnson
6. Police Constable #2052 Paul Gies
7. Detective Constable #1513 Doug R. Spencer
8. Stephen Barron
9. Detective Constable #1585 Ross N. Clarke
10. Police Constable #1772 Kal Patel
11. Police Constable #2062 Sam Primerano
12. Police Constable #1589 Wayne Windrim
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The Panel recessed at 10:57 a.m. in order to gather additional evidence material, and reconvened at 11:08 a.m., with all members present.
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Mr. Golden also directed questions to a number of the witnesses.
Mr. Golden called Ms. Nhan Hong Doan as a witness. In response to questions, Ms. Doan indicated the business supports her family and a suspension of the business license would be costly as the rent for the premises would still have to be paid and there would be other expenses related to the cost of living. She also indicated that it is difficult to get patrons to comply with the smoking and drinking by-laws. On cross examination by Ms. Kinahan, Ms. Doan confirmed she is unable to maintain control of the business.
Ms. Kinahan submitted there is evidence of repeated breaches of federal, provincial and municipal by-laws. She further added that the business license will expire before the suspension ends and suggested the application for a 2004 business license be referred to Council.
Mr. Golden submitted the police focus on the premises seems to be aimed more at the patrons in the business rather than the way the business is being operated and all the offences reported seem to be incidental to the other investigations. He further added that a two-month suspension of the business license is excessive and suggested, for the purposes of ensuring that these business operators comply with the law, a shorter suspension would be adequate punishment.
PANEL MEMBERS DISCUSSION
Prior to a decision on this matter, it was noted that although this business provides the family with an income, the owner has not demonstrated the ability to maintain control of the business.
MOVED by Councillor Sullivan
THAT the 2003 business license (the "License") issued to Nhan Hong Doan, also known as Nhan Doan, doing business as Café Da Kao (the "Licensee"), for business premises located at 960 Kingsway, Vancouver, British Columbia (the "Premises"), be revoked because the Licensee has failed to properly manage the Premises by:
(a) serving liquor in contravention of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267 and the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002;
(b) permitting karaoke in contravention of the Zoning and Development By-law of the City of Vancouver;
(c) permitting smoking in contravention of the Health By-law of the City of Vancouver;
(d) failing to comply with life safety provisions of the Fire By-law of the City of Vancouver;
(e) failing to control the conduct of staff on the licensed Premises; and
(f) failing to control the conduct of patrons in the licensed Premises.
CARRIED UNANIMOUSLY
The Business License Hearing Panel adjourned at 12:22 p.m.
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