These minutes will be adopted at the Regular Council meeting to be held February 15, 2005
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CITY OF VANCOUVER BUSINESS LICENSE HEARING MINUTES JANUARY 25, 2005 |
A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, January 25, 2005, in the Council Chamber, Third Floor, City Hall, commencing at 9:35 a.m., to hear an appeal from the suspension by the Chief License Inspector of the 2004 business license (the "License") issued to Rack Billiards Ltd. (the "Licensee") for business premises located at 2155 Commercial Drive, Vancouver, British Columbia (the "Premises").
PRESENT: |
Councillor Peter Ladner, Chair |
Councillor Fred Bass | |
Councillor Jim Green | |
CITY CLERK'S OFFICE: |
Laura Kazakoff, Meeting Coordinator |
1. Rack Billiards Ltd. (File 2711-81)
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:
Tab
Notice of Hearing
1 Licenses and Inspections Department
2003 Business License #03-410819 dated December 24, 2002
2004 Business License #04-012662 dated December 10, 2003
Letter to Rack Billiards from Barb Windsor dated November 22, 2004
Company Search
L & I Inspection Report #375559 dated November 22, 2004
Handwritten Notes dated November 24, 2004
Letter to Rack Billiards from Barb Windsor dated November 26, 2004
Suspension Notice
L & I Inspection Report #368499 dated November 29, 2004
Letter to Barb Windsor from Wayne Araki dated December 7, 2004
Letter to Rack Billiards from Barb Windsor dated December 10, 2004
2005 Business License Renewal Notice
L & I Inspection Report #375563 dated December 14, 2004
2 Police Department
Report #2004-259938 dated October 5, 2004
Iain Dixon, Lawyer, was present on behalf of the City of Vancouver. Mr. Wayne Araki was present on behalf of Rack Billiards Ltd.
Mr. Dixon advised this matter had been referred to City Council in order to hear an appeal from the suspension by the Chief License Inspector of the 2004 City of Vancouver Business License and noted Council can choose to uphold or overturn the suspension, lengthen the suspension or revoke the license. He advised that Section 275 of the Vancouver Charter provides that the granting or refusing of a license is deemed to be at the discretion of Council. In response to a question, Mr. Dixon clarified that in the event of an appeal from suspension, the suspension is not served pending the holding of a Business License Hearing.
Mr. Dixon referred the Panel to the Notice of Hearing contained within the afore-mentioned Evidence Brief, which sets out the allegations that the Licensee has failed to properly manage the Premises by carrying on business to the detriment of the safety and well being of the public, carrying on business to the detriment of other licensed businesses and dealing tobacco in contravention of the Tobacco Sales Act.
In support of the allegations set out in the reports and evidence contained within the afore-mentioned Evidence Brief, Mr. Dixon called the following witnesses:
Barb Windsor, Deputy Chief License Inspector
Police Constable 2186 Christine Ho
Mr. Araki also directed questions to the witnesses.
Mr. Araki addressed the Panel and noted that while he is not disputing the allegation that his employee purchased cigarettes and alcohol from the undercover police officer, it was for his own personal use and had nothing to do with the operation of the business. The items were not bought for resale in the Premises and this fact was stated to the officer at the time. Mr. Araki advised that when he took over the operation of the business there was a lot of drug dealing taking place on the Premises and he put a stop to it in cooperation with the Vancouver Police Department. Mr. Araki noted he runs a clean business and feels a three week suspension is rather harsh for a one-time offense. Mr. Araki further noted that the employee who purchased the cigarettes and alcohol had been suspended from his job for a period of time and assured the Panel that stolen goods will never again be purchased on the Premises by anyone involved in the operation of the business.
Mr. Dixon submitted that the evidence presented at this Hearing accords with the allegations as set out in the evidence briefs and sets out the legal test which the panel must apply in determining whether or not the suspension should be upheld.
PANEL MEMBERS DISCUSSION
Prior to a decision on this matter, Panel members noted the management practices of this business have resulted in a detriment to other licensed businesses in the area and contravened the Tobacco Sales Act, as well as created an unfair advantage for the business over other poolrooms in the city.
MOVED by Councillor Green
THAT the three week suspension by the Chief License Inspector of the 2004 City of Vancouver Business License granted to Rack Billiards Ltd., (the "Licensee"), for business premises located at 2155 Commercial Drive, Vancouver, British Columbia (the "Premises"), be upheld because the Licensee has failed to properly manage the Premises by:
(a) carrying on business to the detriment of the safety and well being of the public;
(b) carrying on business to the detriment of other licensed businesses in the City of Vancouver; and
(c) dealing tobacco in contravention of the Tobacco Sales Act, R.S.B.C. 1996, c. 451.
CARRIED UNANIMOUSLY
The Business License Hearing Panel adjourned at 10:16 a.m.
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