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CITY OF VANCOUVER BUSINESS LICENSE HEARING MINUTES JUNE 10, 2004 |
A Business License Hearing of the Council of the City of Vancouver was held on, Thursday, June 10, 2004, in the Council Chamber, Third Floor, City Hall, commencing at 7:40 p.m., to determine whether or not the 2004 City of Vancouver business license granted to Thomas McEvoy, doing business as Harmack Enterprises, for business premises located at 566 Powell Street, Vancouver, British Columbia, should be suspended or revoked.
PRESENT: |
Councillor Tim Stevenson, Chair |
Councillor Anne Roberts | |
Councillor Sam Sullivan | |
CITY CLERK'S OFFICE: |
Tina Hildebrandt, Meeting Coordinator |
1. Thomas McEvoy, dba Harmack Enterprises (File 2711-66)
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
1 Licenses and Inspections Department
2002 Business License #02-462957 dated September 13, 2002
2003 Business License #03-405640 dated November 28, 2002
Property Use Inspection Report #UI 22927 dated January 23, 2004
Photograph
2004 Business License #04-045465 dated February 16, 2004
Letter to Thomas McEvoy from B. Windsor dated February 25, 2004
Handwritten Notes dated March 2, 2004
Letter to Thomas McEvoy from B. Windsor dated April 5, 2004
2 Fire Department
Report to Prosecutor dated January 9, 2004 (date of offence January 9, 2004)
Photographs
Court Information #25915 (date of offences January 9, 2004)
E-mail to Barb Windsor from Ken Suzuki dated January 20, 2004
E-mail to Barb Windsor from Ken Suzuki dated January 21, 2004
Report to Prosecutor dated February 4, 2004 (date of offence January 29, 2004)
Report to Prosecutor dated February 10, 2004 (date of offence February 7, 2004)
Photographs
Court Information #25945 (dates of offences January 29 and February 7, 2004)
Court Information #25930 (dates of offences January 29 and February 12, 2004 at 514 Alexander Street)
E-mail to Barb Windsor from Ken Suzuki dated April 15, 2004
3 Police Department
Memo to Bob Rolls from Ben Falk with attachments dated February 10, 2004
Photographs
Report #2003-30459 dated February 5, 2003
Report #2004-12279 dated January 15, 2004
Report #2004-376 dated January 16, 2004
Report #2004-18744 dated January 17, 2004
Report #2004-405 dated January 19, 2004
Report #2004-547 dated January 22, 2004
Report #2004-18744 dated January 23, 2004
Report #2004-18744 dated January 31, 2004
Tenant List dated February 1, 2004
Report #2004-18744 dated February 2, 2004
E-mail to Bob Rolls from Toby Hinton dated February 3, 2004
Report #2004-28235 dated February 3, 2004
Report #2004-30156 dated February 6, 2004
Report #2004-18744 dated February 11, 2004
Report #2004-18744 dated February 12, 2004
Report #2004-18744 dated February 19, 2004
Report #2004-18744 dated February 21, 2004
Memo to Paul Teichroeb from Jill Proctor dated March 31, 2004
Catherine Kinahan, Counsel, was present on behalf of the City of Vancouver, Mr. Thomas McEvoy, the Licensee, was present and representing himself.
Ms. Kinahan advised this matter had been referred to City Council by the Chief License Inspector who had recommended the license be suspended or revoked pursuant to section 278 of the Vancouver Charter 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 also noted that under Tab 3 of the Evidence Brief, pages 25 and 26 were removed as it was determined they were not relevant to this matter.
Ms. Kinahan referred the Panel to evidence before it as set out in police reports, reports of Property Use Inspectors and Fire Prevention Officers, 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 set out the allegations that the Licensee has failed to properly manage the Premises by:
a) failing to maintain control over the licensed premises;
b) causing a drain on police and City services;
c) failing to comply with the provisions of the Fire By-law; and
d) failing to comply with the provisions of the Standards of Maintenance By-Law.
Ms. Kinahan also referred the Panel to additional documents submitted as evidence at this hearing, which included staff memos, property use inspection reports and police reports (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:
1. Barb Windsor, Deputy Chief License Inspector, City of Vancouver
2. Lynn Urekar, Property Use Inspector, City of Vancouver
3. Ken Suzuki, Fire Prevention Inspector, City of Vancouver
4. Police Constable #1974 Jason A. Friesen
5. Rob Wilson, Lookout Emergency Services
6. Police Constable #970 Al Arsenault
7. Della Cootes
8. Police Constable #1460 Toby Hinton
Mr. McEvoy also directed questions to a number of the witnesses.
Mr. McEvoy submitted that the Downtown Eastside has had a drug problem for years and that he has been trying to help addicts living in his hotel. He further added that since the passing of his partner he has had difficulty in properly managing the hotel, has developed a drug problem, and, as a result, felt the City of Vancouver is picking on him. Mr. McEvoy called the following witnesses who spoke in his defence:
1. Tammy McGratton
2. Matteo Caratozzolo
3. Joe Carauna
Mr. McEvoy also submitted the following documents as evidence in his defence, which were circulated to the Panel (on file in the City Clerk's Office):
· Letter in support of Thomas McEvoy from Jaine Wheat dated June 12, 2004;
· Letter in support of Thomas McEvoy from Matteo Caratozzolo dated June 9, 2004;
· Letter in support of Thomas McEvoy from Kelly Mar dated June 1, 2004;
· Letter in support of Thomas McEvoy dated June 1, 2004 (no name given);
· Letter in support of Thomas McEvoy dated May 30, 2004 (signature not legible);
· Letter in support of Thomas McEvoy from Kevin Newman dated May 29, 2004;
· Letter in support of Thomas McEvoy from Phil Forrest dated May 27, 2004;
· Letter in support of Thomas McEvoy from Shayne Hawkes dated May 23, 2004;
· Letter in support of Thomas McEvoy from Ms. Isobella C. McIntosh dated May 22, 2004;
· Letter in support of Thomas McEvoy from Matteo Caratozzolo dated May 22, 2004;
· Letter from Thomas McEvoy requesting signatures on a petition dated May 22, 2004 (no addressee);
· Letter in support of Thomas McEvoy dated May 21, 2004 (signature not legible);
· Letter in support of Thomas McEvoy dated May 21, 2004 (no name given);
· Letter in support of Thomas McEvoy from Patricia Hamilton dated May 20, 2004;
· Letter in support of Thomas McEvoy dated May 19, 2004 (signature not legible);
· Letter in support of Thomas McEvoy dated May 19, 2004 (no name given);
· Letter in support of Thomas McEvoy from Wesley Kiehbiel dated May 15, 2004;
· Letter in support of Thomas McEvoy from Jason M. Hawkes dated May 15, 2004;
· Letter in support of Thomas McEvoy from Alice Summer dated May 2, 2004;
· Letter to Thomas McEvoy from the Director of Legal Services dated May 12, 2004;
· Letter in support of Thomas McEvoy from Jan Coope dated May 4, 2004;
· Letter to Thomas McEvoy from the Ministry of Attorney General dated April 23, 2004;
· Letter to Thomas McEvoy from the Director of Legal Services dated April 16, 2004;
· Letter to Thomas McEvoy from the Director of Legal Services dated April 6, 2004;
· Letter to Thomas McEvoy from B. Windsor dated April 5, 2004;
· Letter (To whom it may concern) in support of the Dual Diagnosis Program from Pohsuan Zaide dated July 28, 1998;
· Letter to Thomas McEvoy from the Deputy Chief Constable dated May 27, 1998;
· Letter (no addressee) with a Search Warrant dated March 16, 2004 and petition attached (no date, signature not legible);
· Court Information Document dated February 24, 2004;
· Letter in support of Thomas McEvoy from Sarah Kellar (no date);
· Letter in support of Thomas McEvoy from Cody Golores (no date);
· Letter in support of Thomas McEvoy from Amber Christie (no date);
· Letter in support of Thomas McEvoy from Jimmy Vo (no date);
· Letter in support of Thomas McEvoy from Steff Mott (no date);
· Letter in support of Thomas McEvoy from Greg Smith (no date);
· Letter in support of Thomas McEvoy from Joe Caruana (no date);
· Letter in support of Thomas McEvoy from Gerry Terefosky (no date);
· Letter in support of Thomas McEvoy from Jessica Montgomery (no date);
· Letter in support of Thomas McEvoy from "Virus" (no date);
· Letter in support of Thomas McEvoy from Anonymous (no date);
· Letter in support of Thomas McEvoy (no date; signature not legible);
· Letter in support of Thomas McEvoy (no date; signature not legible);
· Letter in support of Thomas McEvoy (no date or name).
PANEL MEMBERS DISCUSSION
Prior to a decision on this matter, the Panel acknowledged the fact that despite the letters supporting Mr. McEvoy's efforts and the difficulties he has been facing more recently, it is clear he is not managing the premises properly thereby to the detriment of the safety of the residents in the building and the neighbourhood.
MOVED by Councillor Roberts
THAT the 2004 City of Vancouver Business License granted to Thomas McEvoy, doing business as Harmack Enterprises (the "Licensee"), for business premises located at 566 Powell Street, Vancouver, British Columbia (the "Premises"), be revoked because the Licensee has failed to properly manage the Premises by:
a) failing to maintain control over the licensed premises;
b) causing a drain on police and City services;
c) failing to comply with the provisions of the Fire By-law;
d) failing to comply with the provisions of the Standards of Maintenance By-Law.
CARRIED UNANIMOUSLY
The Business License Hearing Panel adjourned at 9:47 p.m.
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