CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

JANUARY 27, 2004

A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, January 27, 2004, in the Council Chamber, Third Floor, City Hall, commencing at 9:30 a.m., to determine whether or not a City of Vancouver business license for the year 2004 should be granted to Nhan Hong Doan (the "License Applicant"), doing business as the Café Da Kao for business premises located at 960 Kingsway Street, Vancouver, British Columbia (the "Premises").

PRESENT:

Councillor David Cadman, Chair

 

Councillor Raymond Louie

 

Councillor Tim Louis

   

CITY CLERK'S OFFICE:

Charlene Imai, Meeting Coordinator

1. Nhan Hong Doan Aka Nhan Doan Dba Café Da Kao, 960 Kingsway (File 2711-62)

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 dated October 1, 2003

Tab

1 Licenses and Inspections Department

2 Fire Department

3 Police Department and Liquor Control Licensing

Catherine Kinahan,Counsel, was present on behalf of the City of Vancouver. Michael Golden, Michael Golden Law Corp., represented the license applicant.

Ms. Kinahan advised this matter had been referred to the Panel by the Chief License Inspector pursuant to sections 4(2) and 4(2a) of the License By-law of the City of Vancouver.

Ms. Kinahan provided a brief history of the premises and noted the 2003 business license had been revoked on November 18, 2003, as a result of various breaches of City By-laws, including Zoning and Development, Health and Fire.

Michael Golden stated this hearing is based on the same evidence as last year and questioned whether the Panel should review what another Panel has already reviewed.

Ms. Kinahan responded that the matter before the Panel today is whether or not a 2004 business license should be issued. These 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 of the Vancouver Charter, which confers on Council the power to delegate the holding of business license hearings to one or more Council members. She stated the License Inspector had no choice as she was mandated by by-law to bring this case forward.

Councillor Louie questioned whether or not he was in conflict as he sat on the November 18th Panel. Ms. Kinahan advised there is no conflict if Councillor Louie can disabuse his mind of the evidence from the last hearing, otherwise he will be in conflict. Ms. Kinahan sought Mr. Golden's position on this matter.

Mr. Golden responded he does not see it as a conflict - the evidence is the same - and he had no objection in proceeding with today's Hearing.

MOVED by Councillor Louie

THAT the Business License Hearing proceed as scheduled.

CARRIED UNANIMOUSLY

Ms. Kinahan again referred to Section 275 of the Vancouver Charter, noting the rules of natural justice apply to this hearing. She raised concerns about whether or not the applicant has complied with laws in the past and, if issued, whether or not the applicant can properly manage the premises.

Ms. Kinahan referred the Panel to evidence before it as set out in Police reports, reports of Property Use Inspectors, documents which were considered by the Chief License Inspector in referring the business license to Council, a letter from the Deputy Chief License Inspector, Admissions of Fact and the evidence of witnesses, setting out the allegations which have given rise to this Hearing as follows:

(b) that the Applicant has failed to properly manage the Premises by:

(iii) permitting smoking in contravention of the Health By-Law;

(iv) failing to comply with life safety provisions of the Fire By-Law;

(v) failing to control the conduct of staff on the Premises;

(vi) failing to control the conduct of Patrons on the Premises.

Ms. Kinahan also referred the Panel to the Excerpt of Proceedings concerning the Café Da Kao held on November 18, 2003.
Ms. Kinahan read the Admissions of Fact into the record.

In support of the allegations set out above, Ms. Kinahan called as a witness Barbara Windsor, Deputy Chief License Inspector.:

Mr. Golden stated these premises are a family business and noted the applicant is applying for a 2004 license as they intend to sell the business. He then called on the applicant, Nhan Hong Doan, who responded to questions regarding the management of problematic patrons, the handling of patrons who request liquor after hours and the procedure for selling her business.

In closing, Mr. Golden submitted the 2003 license expires February 29, 2004. As it seems unlikely the applicant will be issued a further license, she is requesting they be able to operate their business to find a buyer. Mr. Golden noted the drain on police and staff resources, but stated the restaurant itself is not a drain. There is no reason a restaurant cannot be on this location. Police attended the premises looking for gang members. It no longer matters to the owners if they alienate their customers, as they intend to sell the business.

Ms. Kinahan submitted the evidence presented accords with allegations set out in the documents submitted at this Hearing. She questioned the applicant's ability to manage the business in future and noted there is no business plan in place. There is no indication from these proceedings that there will be any change in the management of the business.

Panel Members Discussion

Prior to decision on this matter, Panel members suggested the need to include in the motion, reference to the applicant's inability to manage the premises in the future.

MOVED by Councillor Louie

CARRIED UNANIMOUSLY

The Business License Hearing Panel adjourned at 10:55 p.m.

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