CITY OF VANCOUVER
SPECIAL COUNCIL MEETING MINUTES
February 25, 1997
A Special Meeting of the Council of the City of Vancouver was held
on Tuesday, February 25, 1997, in the Council Chamber, Third Floor, City
Hall, commencing at 10:00 a.m., for the purpose of determining whether
or not to refuse to issue a business license for the Sports Cafe, 109
East Hastings Street.
PRESENT: Mayor Philip Owen
Councillor Don Bellamy
Councillor Nancy A. Chiavario
Councillor Jennifer Clarke
Councillor Alan Herbert
Councillor Daniel Lee
Councillor Don Lee
Councillor Gordon Price
Councillor Sam Sullivan
ABSENT: Councillor Lynne Kennedy (Civic Business)
Councillor George Puil (Civic Business)
CITY MANAGER S
OFFICE: Judy Rogers, Deputy City Manager
CLERK TO THE
COUNCIL: Gary MacIsaac
COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Chiavario,
THAT this Council resolve itself into Committee of the Whole, Mayor
Owen in the Chair.
- CARRIED UNANIMOUSLY
1. Sports Cafe: 109 East Hastings Street
The following material (on file in the City Clerk s Office) was
before Council:
Letter dated February 12, 1997 from Mr. Terry Bland,
Corporation Counsel, to Mr. Siraj Ahmed, Sports Cafe;
Letter dated February 7, 1997 from Mr. John Stowe, Stowe &
Lee, to the City Clerk s Department;
Letter dated February 7, 1997 from Mr. John Stowe, Stowe &
Lee, to the Permits and Licenses Department;
Letter dated January 29, 1997 from Mr. Paul Teichroeb, Chief
License Inspector to Mr. Siraj Ahmed, Sports Cafe;
Letter dated November 18, 1996 from Mr. Paul Teichroeb, Chief
License Inspector, to Mr. Siraj Ahmed, Sports Cafe;
Copy of 1996 License issued to Sports Cafe.
Mr. Terry Bland, Corporation Counsel, was present on behalf of the
City. The licensee, Mr. Siraj Ahmed, was represented by Mr. John Stowe,
Stowe & Lee, Barristers and Solicitors.
Mr. Terry Bland advised the proceedings were taking place pursuant
to Section 275 of the Vancouver Charter, which provides that the
revocation or suspension of a license is deemed to be at the discretion
of Council. Based on an earlier Court decision, Council will need to
provide reasons for its decision, in the event it chooses to revoke or
suspend the license.
Mr. Bland directed Council s attention to the Notice of Meeting
dated February 12, 1997 from himself to Mr. Siraj Ahmed, licensee, which
set out the following allegations:
(1) that you and your employees have permitted the premises at 109
East Hastings Street to be used as a place where drug
traffickers could sell illegal narcotics to customers;
(2) that you and your employees sold and permitted others to sell
illegal cigarettes in the premise at 109 East Hastings Street;
(3) that you and your employees conducted or engaged in illegal
gambling on the premises at 109 East Hastings Street;
(4) that you have failed to maintain the premises at 109 East
Hastings Street to an acceptable sanitary standard;
(5) that having been advised by the Chief License Inspector that
your business license had been suspended or had not been
issued, and that you were to cease carrying on business, you
continued to do so.
In support of these allegations, Mr. Bland called the following
witnesses:
Mr. Paul Teichroeb, Chief License Inspector
Constable Jeannie Yee, Vancouver Police Department
Constable Martin Bruce, Vancouver Police Department
Constable Geoff Gaudette, Vancouver Police Department
Constable Mike McDonald, Vancouver Police Department
Constable Greg Meyerhoff, Vancouver Police Department
Constable Valen Woolacott, Vancouver Police Department
Constable Ian Jackson, Vancouver Police Department
Constable Wayne Windrum, Vanocuver Police Department
Constable Darcy Taylor, Vancouver Police Department
Constable Frank Prescott, Vancouver Police Department
Constable Dave Dickson, Vancouver Police Department
Mr. Stowe also directed questions to each of the witnesses.
Mr. Stowe, in a final submission to Council, advised of the
following matters:
Mr. Ahmed is 25 years old, is a landed immigrant having
arrived in Vancouver in October, 1993, has no siblings in
Canada, and wishes to have his parents come here to secure
Canadian Citizenship;
Mr. Ahmed has a lease at these premises until September, 1997.
He initially purchased his interest in the lease for $60,000,
and the 1996 financial statement (on file in City Clerk s
Office) shows an income of $52,741;
Mr. Ahmed is a devout Muslim, and does not drink, use drugs or
condone the use of either, and he does not facilitate or
participate with any of the known traffickers referred to by
Police, or provide a haven for their trade. He is trying to
earn a living in the 100 Block of East Hastings and his
partner has been stabbed. He feels his life has been
threatened, and police are slow to respond to problems;
Mr. Ahmed has a clean record, and has no convictions or
charges pending on Federal and Provincial statutes, or on City
By-Laws. None of the Police officers who testified have any
convictions or charges pending from the various issues they
raised;
The 100 Block of East Hastings has been a problem area in the
past, and will continue to be a problem in the future. It is
located close to Provincial facilities and crime is a problem
in the entire area around the 100 Block. The problems in this
entire area cannot be laid on the back of Mr. Ahmed. Closing
down his property will not resolve the problem, and other
measures are required;
A number of problem areas and premises have been identified by
Police. Some other premises, either voluntarily or by
agreement, now close between 2:00 a.m. and 6:00 a.m. Mr.
Ahmed has volunteered to shut down his place of business
between 2:00 a.m. and 6:00 a.m., as long as the other 24 hour
restaurants in the area are closed at the same time.
At the conclusion of Mr. Stowe s comments, Mr. Siraj Ahmed
addressed Council.
Mr. Terry Bland, Corporation Counsel, advised that in this case, a
license has not yet been granted for 1997, so if Council chooses to take
disciplinary action, it would not be revocation of the license, but a
decision that the license would not be granted, or that the license not
be granted until a certain date.
Mr. Bland advised Council that no one has suggested in these
proceedings that Mr. Ahmed has committed any criminal offence or been
party to any criminal offence. The action of the Chief License
Inspector was taken on the basis that the premises are not being
maintained to a standard to which he believes they should be. If the
management is so loose that it could be seen to be misconduct in the
operation of a business, that would be the basis on which Council could
take action.
The evidence presented at this hearing accords with the allegations
in the Notice of Meeting. The premises are used as a haven for drug
trafficking and are inhabited by traffickers and users, including
minors, and this is to the knowledge of Mr. Ahmed and his staff.
Council has also heard evidence about the illegal possession and illegal
sale of cigarettes from these premises. In addition, Council has heard
that a member of Mr. Ahmed s staff was paying off on an illegal Video
Lottery Terminal on one occasion, which is illegal under the criminal
code.
COUNCIL DISCUSSION
Prior to making motions on this matter, Councillor Bellamy advised
he was hard pressed to see any control in the operation of 109 East
Hastings Street, based on the evidence given at this meeting. The fact
that Mr. Ahmed feared for his safety indicates a lack of control, as
well as the need for 489 police calls to the premises in one year. Mr.
Ahmed is not operating his business in the manner that is expected or
required.
MOVED by Cllr. Bellamy,
THAT the license not be issued for 1997.
- CARRIED UNANIMOUSLY
MOVED by Cllr. Chiavario,
THAT any future business licenses that may be applied for in this
location, of the same nature, be reported to Council before granting.
- CARRIED UNANIMOUSLY
RISE FROM COMMITTEE OF THE WHOLE
MOVED By Cllr. Bellamy,
THAT the Committee of the Whole rise and report.
- CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Chiavario,
THAT the report of the Committee of the Whole be adopted.
- CARRIED UNANIMOUSLY
* * * *
The Special Council adjourned at 1:00 p.m.
* * * *