These Minutes will be adopted at the Regular Council meeting on April 26,
2005.
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CITY OF VANCOUVER BUSINESS LICENSE HEARING MINUTES MARCH 31, 2005 |
A Business License Hearing of the Council of the City of Vancouver was held on Thursday, March 31, 2005, at 7:30 p.m., in the Council Chamber, Third Floor, City Hall, to determine whether or not a City of Vancouver business license for the year 2005 will be granted to Muhammad Asif and Ghazi Khan (the "License Applicants"), doing business as AM Convenience Store, for business premises located at 461 East Hastings Street, Vancouver, British Columbia (the "Premises").
PRESENT: |
Councillor Sam Sullivan, Chair
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CITY CLERK'S OFFICE: |
Tina Hildebrandt, Meeting Coordinator |
1. Muhammad Asif & Ghazi Khan dba AM Convenience Store (File 2711-88)
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
Tab
1 Licenses and Inspections Department
Bill of Sale dated February 1, 2001
Application for Registration as a Vendor dated March 5, 2001
Assignment of Lease and Consent dated March 10, 2001
Application for Transfer dated March 14, 2001
Handwritten notes dated March 20, 2001
Business Plan dated March 30, 2001
Criminal Record Check dated April 5, 2001
Letter to Asif Muhammad from Barb Windsor dated April 12, 2001
2001 Business License #01-407544 dated April 12, 2001
Invoice dated January 15, 2002
2002 Business License #02-110145 dated January 25, 2002
Handwritten notes dated February 14, 2002
Notes dated February 14, 2002
Letter to Asif Muhammad from Paul Teichroeb dated February 19, 2002
Suspension Notice
Property Use Inspection Report #IR UI16661 dated February 20, 2002
2003 Business License #03-402514 dated January 8, 2003
2004 Business License #04-025212 dated January 2, 2004
Letter to Asif Muhammad & Ghazi Khan from Barb Windsor dated
November 12, 2004
Handwritten notes dated November 17, 2004
Letter to Muhammad Asif & Ghazi Khan from Paul Teichroeb dated
February 4, 2005
Property Use Inspection Report #IR UI25606 dated February 4, 2005
Environmental Health Inspection Report #4 dated February 4, 2005
2 Police Department
Report #01-31498 dated February 14, 2001
Report #2002-20002 dated December 12, 2001
Report #2004-28842 dated February 4, 2004
Memo to Wayne Windram from Downtown PC 1187 dated February 10, 2004
Report #2004-54702 dated March 4, 2004
Report #2004-281083 dated October 28, 2004
Handwritten notes re: Report #2004-281083 dated October 28, 2004
Handwritten letter to Barb Windsor from Muhammad Asif dated
November 19, 2004
Mr. Iain Dixon, Law Department, was present on behalf of the City of Vancouver. Mr. Muhammad Asif, License Applicant, was present and represented himself, with the aid of Mr. Rasmi Das, Hindi interpreter. Mr. Ghazi Khan, the other License Applicant, was not present.
Mr. Dixon 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.
At approximately 7:38 p.m. Mr. Sukhwant Banwait, certified Hindi interpreter, who was requested by the City of Vancouver, arrived and replaced Mr. Das as interpreter.
Mr. Dixon referred the panel to evidence before it as set out in documents which were 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 allegations that the License Applicants have 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 Tax Act, R.S.B.C. 1996, c. 451.
In support of the allegations set out in the above-noted reports and evidence, Mr. Dixon called the following witnesses:
1. Barbara Windsor, Deputy Chief License Inspector
2. Police Constable 1823 Tim Houchen
3. Detective Constable 1187 Colin Downton
4. Police Constable 2146 Aman Samra
5. Police Constable 1966 Eileen Volpatti
6. Lynn Urekar, Property Use Inspector
Mr. Asif also directed questions to some of the witnesses.
In response to the allegations, Mr. Asif submitted that he has been punished for selling crack pipes on the premises and has not sold them in two years. With regard to the purchase of Ontario cigarettes by another employee, he advised that he was not involved and was not aware of the situation until he had a meeting with the Deputy Chief License Inspector. In addition, with regard to the sale of single cigarettes, he added that some clients have threatened him and have even damaged his property when he has turned them down. Concerning the people who frequent the front of the premises, Mr. Asif advised that these people come from the nearby pharmacy where they buy methadone for drug addiction treatment and, as a result, it appears that the premises are involved in the drug trade. He presented a letter to the Panel dated September 2004 (on file in the City Clerk's office) in which he authorizes security patrollers to remove people from the front of the premises who are involved in the drug trade. In closing, Mr. Asif advised that he does not have a drug-related record nor is he involved in any illegal activities.
PANEL MEMBERS DISCUSSION
Prior to a decision on this matter, Panel members noted that the License Applicants have seldom been seen on the premises when the police have attended and it would appear there is no control over the premises. It was further noted the sale of single cigarettes undermines other businesses in the area. Panel members discussed the range of penalties and whether a three-month suspension would be appropriate.
MOVED by Councillor Bass
THAT the application for a 2005 Business License by Muhammad Asif & Ghazi Khan (the "License Applicants"), doing business as AM Convenience Store, for business premises located at 461 East Hastings Street, Vancouver, British Columbia (the "Premises"), be suspended for a three-month period; and
FURTHER THAT following the suspension, both License Applicants attend a meeting with the Deputy Chief License Inspector to review the Business Agreement dated April 12, 2005, between the License Applicants and the City of Vancouver, to ensure all the terms of the Business Agreement will be met. In addition, the License Applicants are to provide a list of all employees and persons working on the premises as well as criminal record checks on each employee to the Deputy Chief License Inspector.
LOST
(Councillors Stevenson and Sullivan opposed)
MOVED by Councillor Sullivan
THAT the application for a 2005 Business License by Muhammad Asif & Ghazi Khan (the "License Applicants"), doing business as AM Convenience Store, for business premises located at 461 East Hastings Street, Vancouver, British Columbia (the "Premises"), be refused because the License Applicants have 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;
(c) dealing tobacco in contravention of the Tobacco Sales Act, R.S.B.C. 1996, c. 451;
(d) causing a negative impact on the neighbourhood; and
(e) causing a drain on police and City resources in regards to the premises.
CARRIED UNANIMOUSLY
The Business License Hearing Panel adjourned at 10:24 p.m.
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