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CITY OF VANCOUVER BUSINESS LICENCE HEARING MINUTES NOVEMBER 4, 2004 |
A Business Licence Hearing of the Council of the City of Vancouver was held on, Thursday, November 4, 2004, in the Council Chamber, Third Floor, City Hall, commencing at 7:30 p.m, to determine whether or not a City of Vancouver business licence for the year 2004 should be granted to Sheraz Sabri (the "Licence Applicant"), doing business as T.K. Market, for business premises located at 120 West Hastings Street, Vancouver, British Columbia (the "Premises).
PRESENT: |
Councillor Tim Stevenson, Chair |
Councillor Peter Ladner | |
Councillor Anne Roberts | |
CITY CLERK'S OFFICE: |
Nicole Ludwig, Meeting Coordinator |
1. Sheraz Sabri
T.K. Market 120 West Hastings Street (File 2711-73)
The Business Licence 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:
Notice of Hearing
Tab
1 Licences and Inspections Department
Business Plan dated July 27, 1998
Police Background Check of Nargis Malik dated July 28, 1998
Letter of Intent of Nargis Malik dated August 4, 1998
1998 Business Licence #98-241076 dated October 7, 1998
1999 Business Licence #99-310994 dated January 12, 1999
Property Use Inspection Report #UI 0964 dated March 2, 1999
Letter to Nargis Malik from Barb Windsor dated September 3, 1999
Property Use Inspection Report #UI 2767 dated September 3, 1999
Police Background Check of Sheraz Sabri dated September 8, 1999
Police Query of Sheraz Sabri
Handwritten notes dated September 8, 1999
E-mail to Barb Windsor from Jill Fedirchuk dated September 9, 1999
Letter to Nargis Malik from Paul Teichroeb dated September 27, 1999
Letter to City Clerk from Julienne Hills dated October 1, 1999
Letter to Julienne Hills from Paul Teichroeb dated October 5, 1999
Memo to Catherine Kinahan from Barb Windsor dated October 5, 1999
Memo to Paul Teichroeb from Catherine Kinahan dated October 13, 1999
Letter to Nargis Malik from Paul Teichroeb dated October 27, 1999
Letter to Nargis Malik from Director of Legal Services dated November 3, 1999
Property Use Inspection Report #UI 3607 dated November 30, 1999
E-mail to Barb Windsor from Catherine Kinahan dated January 11, 2000
2000 Business Licence #00-127646 dated January 19, 2000
Letter to Nargis Malik from Paul Teichroeb dated January 19, 2000
Property Use Inspection Report #UI 10319 dated January 20, 2000
Letter to Nargis Malik from Barb Windsor dated March 9, 2000
Letter from Nargis Malik dated March 17, 2000
Handwritten notes dated March 17, 2000
E-mail to Barb Windsor from Ian Upton dated March 27, 2000
Letter to Nargis Malik from Paul Teichroeb dated March 31, 2000
Licence Application of Nargis Malik dated December 3, 2000
Licence Application of Sheraz Sabri dated November 5, 2003
Police Background Check of Sheraz Sabri dated November 6,2003
Copy of Drivers Licence of Sheraz Sabri
Police Query of Sheraz Sabri
Fax to Wayne Windrim from Susan Smith dated November 14, 2003
E-mail to Susan Smith from Wayne Windrim dated December 4, 2003
Handwritten notes dated February 6, 2004
Handwritten notes dated September 10, 2004
Letter to Sheraz Sabri from Barb Windsor dated September 14, 2004
2 Police Department
Report #99-25889 dated February 4, 1999
Report #99-62298 dated March 24, 1999
Report #99-89849 dated April 27, 1999
Fax Cover Sheet regarding B & E
Report #99-179426 dated August 10, 1999
Report #99-179478 dated August 11, 1999
Report #99-183039 dated August 15, 1999
Report #99-195269 dated August 28, 1999
Report #00-45369 dated February 27, 2000
Report #00-49912 dated March 5, 2000
Catherine Kinahan, City lawyer, was present on behalf of the City of Vancouver. Sheraz Sabri, the Licence Applicant, was not present for the hearing, although he had been given notice of the hearing together with the Council booklets well in advance of the hearing. Barb Windsor, Deputy Chief Licence Inspector, City of Vancouver, contacted Mr. Sabri at home and was informed that he would not be attending. Upon advice from Ms. Kinahan, the Panel agreed to proceed with the hearing.
Ms. Kinahan advised the date in the original Notice of Hearing delivered to Mr. Sabri contained a typographical error, and the reference should read the year 2004, rather than 2005.
Ms. Kinahan advised the licence application had been referred to City Council by the Chief Licence Inspector pursuant to section 4(2a) of the Licence 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 licence 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 licence hearings to one or more Council members.
Ms. Kinahan referred the Panel to evidence before it as set out in police reports, reports of the Licences and Inspections department, documentation which was considered by the Chief Licence Inspector in referring the business licence to Council, and the evidence of witnesses, which set out the allegations that the Licence Applicant has failed to properly manage the Premises by:
(a) failing to properly manage the business premises in the past; and
(b) having a history of poor management practices and business licence suspension.
In support of the allegations set out in the above-noted reports and evidence, Ms. Kinahan called Barb Windsor, Deputy Chief Licence Inspector, City of Vancouver as witness.
PANEL MEMBERS DISCUSSION
The Panel noted, throughout the last several years, the Licence Applicant has used an inordinate amount of City and Vancouver Police Department resources due to a history of mismanagement.
MOVED by Councillor Ladner
- (a) his failure to properly manage the business premises in the past; and
THAT the application for a 2004 Business Licence by Sheraz Sabri (the “Licence Applicant”), doing business as T.K. Market, for business premises located at 120 West Hastings Street, Vancouver, British Columbia (the “Premises”), be refused because the Licence Applicant is unlikely to properly manage the Premises, due to
(b) his history of poor management practices and business licence suspensions.
amended
AMENDMENT MOVED by Councillor Roberts
THAT the following be added to A, above:
(c) causing a drain on City and Vancouver Police Department resources;
AND FURTHER THAT the Deputy Chief Licence Inspector is directed to refer any other business licence applications in the City of Vancouver by Sheraz Sabri to Vancouver City Council.
CARRIED UNANIMOUSLY
The amendment having carried, Councillor Ladner’s motion as amended was put and CARRIED UNANIMOUSLY.
MOTION AS AMENDED
THAT the application for a 2004 Business Licence by Sheraz Sabri (the “Licence Applicant”), doing business as T.K. Market, for business premises located at 120 West Hastings Street, Vancouver, British Columbia (the “Premises”), be refused because the Licence Applicant is unlikely to properly manage the Premises, due to
(a) his failure to properly manage the business premises in the past; and
(b) his history of poor management practices and business licence suspensions; and
(c) causing a drain on City and Vancouver Police Department resources;
AND FURTHER THAT the Deputy Chief Licence Inspector is directed to refer any other business licence applications in the City of Vancouver by Sheraz Sabri to Vancouver City Council.
CARRIED UNANIMOUSLY
The Business Licence Hearing Panel adjourned at 7:55 p.m.
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