CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

MARCH 1, 2005

A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, March 1, 2005, in the Council Chamber, Third Floor, City Hall, commencing at 9:40 a.m., to determine whether or not a City of Vancouver business license for the year 2005 should be granted to Krishan Enterprises Ltd. (the License Applicant), doing business as R & M Food Store, for the premises located at 4409 Boundary Road, Vancouver, British Columbia.

PRESENT:

Councillor Jim Green, Chair

 

Councillor Peter Ladner

 

Councillor Sam Sullivan

   

CITY CLERK'S OFFICE:

Pat Boomhower, Meeting Coordinator

1. Krishan Enterprises Ltd. dba R & M Food Store (File 2711-91)

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

Business Licence Application Form dated December 15, 2003
2004 Business Licence #04-518438 dated February 3, 2004

Handwritten notes dated January 11, 2005
Handwritten notes dated January 13, 2005
Letter to Kamleshwar Datt Sharma from Paul Teichroeb dated January 25, 2005
Licence Bill #803401 dated January 25, 2005
Property Use Inspection Report #UI25545 dated January 28, 2005

2 Police Department

Report #2004-254901 dated September 30, 2004
Report #2004-254901 dated October 12, 2004
Report #2004-254901 dated October 13, 2004
Report #2004-254901 dated October 18, 2004
Report #2004-254901 dated October 20, 2004

The Panel also had before it the following documents which were distributed immediately prior to the commencement of the Hearing (on file in the City Clerk’s Office):

Ms. Catherine Kinahan, Counsel, was present on behalf of the City of Vancouver. Mr. Kamleshwar Datt Sharma, the License Applicant, was present and represented himself.

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. Ms. Kinahan advised the Panel of their authority in these proceedings 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.

Ms. Kinahan referred the panel to evidence before it as set out in police reports, documentation and a letter from the Deputy Chief License Inspector which were considered by the Chief License Inspector in referring the business license to Council, and the evidence of witnesses, which set out allegations that the Licensee has failed to properly manage the Premises by:

In support of the allegations set out in the aforementioned reports and evidence, Ms. Kinahan called the following witnesses:

Ms. Kinahan noted that a male mentioned in the Report dated October 20, 2004, had been incorrectly identified as Vishnu Sharma.

Mr. Sharma directed questions to Police Constable Daniel regarding whether the clerk behind the counter knew items purchased were stolen, the cigarettes being declined, and whether the officer knew items purchased were for the man’s own use and not for the store.

Mr. Sharma submitted that his son, Bimal, admits he made a mistake and has apologized. His son bought the items for his own use then placed them in his car and has no previous record of buying and selling stolen goods. Mr. Sharma noted his son refused to buy cigarettes from the undercover officer, the undercover officer said she needed money for her boyfriend and that the undercover officers did not come while he [Mr. Sharma] was at the store. Mr. Sharma further noted that the store is the way they make a living and that he doesn’t see the reason why Krishan Enterprises Ltd. should be punished. Mr. Sharma submitted a letter from his son, Bimal Sharma, which was then circulated to the Panel (on file in the City Clerk’s Office).

Mr. Sharma noted staffing changes made and that he would be increasing the number of hours he spends at the store, and promised this will never happen again. Mr. Sharma asked the Panel to allow Bimal a few hours each day in order to help with the heavy stock, and that the Panel consider the circumstances and permit the business license.

Ms. Kinahan noted the Panel’s authority with respect to issuing a license which can include a suspension or conditions attached. Ms. Kinahan submitted that the problem is lack of control and the possibility that Mr. Sharma does not appreciate how the transactions taking place on the premises fuels an underground economy and promotes theft in the community.

PANEL MEMBERS DISCUSSION

Prior to a decision on this matter, the Panel discussed the feasibility of monitoring and enforcement involved if the License Applicant’s son had reduced hours stipulated as one of the conditions. The Panel also reviewed the difficulty City Inspectors had in contacting the Licensee and Mr. Sharma’s lack of follow-up to address problems that had occurred.

MOVED by Councillor Ladner

(b) carrying on business to the detriment of the safety and well being of the public.

CARRIED UNANIMOUSLY

The Business License Hearing Panel adjourned at 10:35 a.m.

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