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CITY OF VANCOUVER BUSINESS LICENSE HEARING MINUTES JANUARY 13, 2005 |
A Business License Hearing of the Council of the City of Vancouver was held on, Thursday, January 13, 2005, in the Council Chamber, Third Floor, City Hall, commencing at 9:30 a.m., to determine whether or not a 2005 City of Vancouver business license should be granted to Tuan Viet Pham, doing business as King’s Café (the “Licensee”), for business premises located at 350 Powell Street, Vancouver, British Columbia (the “Premises”).
PRESENT: |
Councillor Ellen Woodsworth, Chair |
Councillor Fred Bass | |
Councillor Jim Green | |
CITY CLERK'S OFFICE: |
Nicole Ludwig, Meeting Coordinator |
1. Tuan Viet Pham, dba King's Café
350 Powell Street, Vancouver BC (File 2711-77)
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 City Clerk’s Office) and the evidence of witnesses:
Tab
Notice of Hearing
1 Licenses and Inspections Department
Application for Transfer dated May 31, 1999
1999 Business License #99-338001 dated June 25, 1999
Letter to Tuan Viet Pham from B. Windsor dated January 27, 2000
Business Plan dated February 3, 2000
Handwritten Notes dated February 3, 2000
2000 Business License #00-141025 dated February 3, 2000
2001 Business License #01-160545 dated February 1, 2001
2002 Business License #02-137002 dated January 22, 2002
2003 Business License #03-394977 dated December 23, 2002
2004 Business License #04-007451 dated December 15, 2003
Letter to Tuan Viet Pham from B. Windsor dated November 16, 2004
Handwritten Notes dated November 18, 2004
2 Police Department
Report #99-231200 dated October 9, 1999
Report #2004-254888 dated September 30, 2004
dated October 3, 2004
dated October 10, 2004
dated October 12, 2004
dated October 13, 2004
dated October 29, 2004
Catherine Kinahan, Counsel, was present on behalf of the City of Vancouver. Tuan Viet Pham, the License Applicant, represented himself, and was assisted by Mr. Chanh Bui, certified Vietnamese interpreter.
Ms. Kinahan advised the date in the original Notice of Hearing delivered to Mr. Pham contained an error, and that that this hearing was to determine whether or not a 2005 City of Vancouver business license should be granted, not whether a 2004 license should be suspended or revoked. Ms. Kinahan also advised that on January 12, 2005, a revised Notice of Hearing had been hand delivered to Mr. Pham.
Ms. Kinahan advised this matter had been referred to City Council by the Chief License Inspector pursuant to Section 4(2a) 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. Kinhan referred the Panel to evidence before it as set out in police reports, reports of Property Use Inspectors, 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 in the past by:
(a) Carrying on business to the detriment of the safety and well being of the public; and
(b) Causing a drain on police and City resources.
In support of the allegations set out in the above-noted reports and evidence, Ms. Kinahan called the following witnesses:
1. Barbara Windsor, Deputy Chief License Inspector
2. Constable 1966 Volpatti
With the aid of the interpreter, Mr. Pham said he had no questions of the City’s witnesses and indicated everything said by witnesses, was the truth.
PANEL MEMBERS DISCUSSION
In response to questions, Mr. Pham indicated he purchased cigarettes and technology from the undercover officer for his own use.
Ms. Kinahan advised Council they could grant the license, refuse to grant the license, or grant the license with conditions or for a shorter period of time.
MOVED by Councillor Green
THAT a 2005 City of Vancouver business license should not be granted to Tuan Viet Pham, doing business as King’s Café (the “License Applicant”), for business premises located at 350 Powell Street, Vancouver, British Columbia (the “Premises”) because the applicant is unlikely to manage the Premises properly due to his history of:
(a) carrying on business to the detriment of the safety and well being of the public; and
(b) causing a drain on police and City resources.
CARRIED UNANIMOUSLY
The Business License Hearing Panel adjourned at 10:25 a.m.
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