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CITY OF VANCOUVER BUSINESS LICENSE HEARING MINUTES FEBRUARY 10, 2005 |
A Business License Hearing of the Council of the City of Vancouver was held on Thursday, February 10, 2005, in the Council Chamber, Third Floor, City Hall, commencing at 9:50 a.m.
PRESENT: |
Councillor David Cadman, Chair |
Councillor Tim Louis | |
Councillor Ellen Woodsworth | |
CITY CLERK'S OFFICE: |
Laura Kazakoff, Meeting Coordinator |
1. Van Ca Do dba Good Friend aka Dilal Market -
1400 Victoria Drive (File 2711-86)
A Business License Hearing was held to determine whether or not a City of Vancouver Business License for the year 2005 would be granted to Van Ca Do (the "License Applicant"), doing business as Good Friend also known as Dilal Market for business premises located at 1400 Victoria Drive, Vancouver, British Columbia (the "Premises").
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
1 Licenses and Inspections Department
Business License Application dated July 30, 2004
2004 Business License #04-540103 dated September 27, 2004
Letter to Van Ca Do from Barb Windsor dated November 22, 2004
L & I Inspection Report #376845 dated November 22, 2004
Handwritten notes dated November 24, 2004
Letter to Van Ca Do from Barb Windsor dated November 26, 2004
L & I Inspection Report #376849 dated November 29, 2004
2005 Business License Application Printout dated December 10, 2004
2 Police Department
Report #2004-254891 dated September 30, 2004
Handwritten notes dated October 3, 2004
Handwritten notes dated October 3, 2004
Handwritten notes dated October 4, 2004
Mr. Iain Dixon, Lawyer, was present on behalf of the City of Vancouver. Mr. Van Ca Do was present on behalf of Good Friend convenience store, and was aided by Mr. Hung Ho, Vietnamese interpreter.
Mr. Dixon advised that this matter had been referred to City Council by the Deputy Chief License Inspector and that proceedings were taking place pursuant to Section 275 of the Vancouver Charter which provides that the granting or refusing of a license to an applicant is deemed to be at the discretion of Council.
Mr. Dixon referred the Panel to the Notice of Hearing contained within the aforementioned evidence package, which set out the allegation that the License Applicant has failed to properly manage the Business Premises by carrying on business to the detriment of the safety and well being of the public.
In support of the allegations set out in the aforementioned reports and evidence, Mr. Dixon called the following witnesses:
Barb Windsor, Deputy Chief License Inspector
Police Constable 1966 Eileen Volpatti
Mr. Do, with the aid of the Vietnamese interpreter, addressed the Panel and admitted to purchasing the goods referred to by the witnesses. Mr. Do advised, however, that when he opened the business many street people came into the shop and he was afraid that if he did not buy from them they would come back and do something to his store. He further noted that he bought from them so that they would leave and not hang around in the store and scare away his customers. Mr. Do noted the difficulties in operating a store in that neighbourhood where there are a lot of street people. He also noted that the surveillance camera in his shop which was referred to by one of the witnesses was not operational, but was placed as a deterrent to theft from his shop. Mr. Do advised he accepted responsibility for what he has done, but requested leniency from the Panel as this is his first experience in operating a convenience store.
Mr. Dixon submitted the evidence presented at this Hearing accords with the allegations as set out in the evidence briefs and noted the license applicant has admitted to the facts as presented in regard to purchasing goods from the undercover officer. Mr. Dixon further noted that the license applicant's explanation of his actions did not accord with the facts as presented at this Hearing.
PANEL MEMBERS DECISION
MOVED by Councillor Louis
THAT the issuance of a City of Vancouver business license for the year 2005 be withheld for a period of three months to Van Ca Do (the "License Applicant") doing business as Good Friend, also known as Dilal Market, for business premises located at 1400 Victoria Drive, Vancouver, British Columbia (the "Premises"), because the License Applicant has failed to properly manage the Premises by carrying on business to the detriment of the safety and well being of the public.
CARRIED UNANIMOUSLY
2. Zubair Muhammad Hingora dba Grandview Smoke Shop (File 2711-85)
This matter was withdrawn from this agenda.
The Business License Hearing Panel adjourned at 10:50 a.m.
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