CITY OF VANCOUVER
SPECIAL COUNCIL MEETING MINUTES
May 26, 1997
A Special Meeting of the Council of the City of Vancouver was held
on Monday, May 26, 1997, in the Council Chamber, Third Floor, City Hall,
commencing at 10:00 a.m., for the purpose of holding a Show Cause
Hearing with respect to the business license for the Hastings Pool Hall
at 162 East Hastings Street.
PRESENT: Councillor Lynne Kennedy (Chair)
Councillor Don Bellamy
Councillor Nancy A. Chiavario
Councillor Jennifer Clarke
Councillor Alan Herbert
Councillor Daniel Lee
Councillor Don Lee
ABSENT: Mayor Philip Owen (Civic Business)
Councillor Gordon Price
Councillor George Puil (Civic Business)
Councillor Sam Sullivan (Sick Leave)
CLERK: Gary MacIsaac
COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Don Lee,
THAT this Council resolve itself into Committee of the Whole,
Councillor Kennedy in the Chair.
- CARRIED UNANIMOUSLY
1. Hastings Pool Hall: 162 East Hastings Street
City of Vancouver Business License No. 16123 File: 2701-1
The following agenda material (on file in the City Clerk s Office)
was before Council:
Letter from Mr. Terrance R. Bland, Corporation Counsel, to Mr.
Vijay Lavingia, advising of the rescheduled date for the
hearing;
Affidavit of Delivery from Mr. Gerry Martin Lee, Process
Server, dated May 20, 1997, advising of service of notice of
the Show Cause Hearing.
Mr. Terry Bland, Corporation Counsel, was present on behalf of the
City. Mr. Bland distributed a fax dated May 23, 1997, (on file in the
City Clerk s Office) from Mr. Wayne Murdoch, Baily, McLean, Greenbank
and Murdoch, counsel for the Hastings Pool Room to Mr. Terrance R.
Bland. In this fax Mr. Murdoch advised his client has been subjected to
illegal police harassment which has destroyed his business and would not
be attending the Show Cause Hearing, but would be in touch with the City
to pursue alternative avenues for compensation.
For the record, Mr. Bland enquired if anyone in the gallery was
representing the Hastings Pool Room, and no one replied to this enquiry.
Although no one was present on behalf of the Hastings Pool Room, Mr.
Bland recommended that Council proceed with the hearing and hear the
evidence in the usual manner.
Prior to calling witnesses, Mr. Bland directed Council s attention
to a document distributed prior to the meeting, (on file in the City
Clerk s Office) which documented specific incidents at the Hastings Pool
Room at 162 East Hastings Street.
The original Notice of Show Cause Hearing advised that City Council
would hold a hearing as to whether the Business License of the Hastings
Pool Room should be suspended or revoked on the grounds that the
premises are regularly used for the illegal sale and purchase of
narcotics, and the conduct of illegal gambling, and on the further
ground that these activities result in an unwarranted amount of police
attention.
In support of these allegations, Mr. Bland called the following
witnesses:
Constable Jeannie Yee, Vancouver Police Department
Constable Wayne Windrum, Vancouver Police Department
Constable Michael Linde, Vancouver Police Department
Constable Geoff Gaudette, Vancouver Police Department
Constable John Grywinski, Vancouver Police Department
Constable Peter Sadler, Vancouver Police Department
Constable Brian Montague, Vancouver Police Department
Constable Kevin Uganec, Vancouver Police Department.
The foregoing witnesses provided evidence to support one or more of
the following statements:
Police have logged 126 calls to the Hastings Pool Hall so far
in 1997, amounting to 189 hours of police time. This number
does not include routine walks through the premises;
1440 flaps of drugs have been seized from the premises to date
in 1997;
Drugs have been found in hiding places spread throughout the
entire premises, including hiding places where it would be
impossible for management to not know drugs are there. Some
of the hiding places include the arcade machines, walls, light
fixtures, carpets, garbage cans, litter strewn on the floor,
and rolled carpets in the basement;
Drugs could be found on the premises at any given time. Drugs
have also been found in an area to which there is no public
access;
Little or no legal business is transacted on the premises.
The arcade machines are never in use and there are only two
pool tables which are seldom used. Only one broken pool cue
can be found on the premises;
Management has made payouts to video lottery terminals on
site, which is illegal;
The washrooms and the entire premises are filthy;
The patrons of Hastings Pool Hall are known to police to be
either drug addicts or sellers of drugs. Known drug dealers
are often seated with management inside the premises;
Minors have been arrested on the premises for possession of
narcotics;
Weapons have been seized on the premises;
Management are aware of the illegal drug activity and have not
cooperated with police. The managers often state they cannot
control the activities of others in the premises. Management
has never asked the police for help to control the situation
and are evasive as to the ownership of the business;
One manager is currently facing narcotics charges.
After the hearing of the witnesses, Mr. Bland advised the purpose
of this Show Cause Hearing is to determine whether the license of the
premises should be suspended or revoked because management knowingly
permitted the premises to be used as a haven for the narcotics trade.
Council would have to conclude that management was aware of the
narcotics trade on the premises, and either acquiesced in it or
encouraged it. Members of Council were entitled to consider the
evidence of all the officers as to the volume of drugs and where they
were found, including the evidence of the constables who testified that
they found drugs in a locked basement.
Mr. Bland concluded that the police officers had given their
opinion that an illegal narcotic trade took place with the knowledge of
management, but Council must come to its own conclusion on this matter.
The essential question is whether these premises have been managed to a
satisfactory standard and Council is responsible for this decision.
COUNCIL DECISION
MOVED by Cllr. Bellamy,
A. THAT the business license at 162 East Hastings Street be
revoked on the grounds that the premises are regularly used
for the illegal sale and purchase of narcotics, and the
conduct of illegal gaming, and that the premises are not being
properly maintained, and that such illegal activity is being
conducted with the knowledge and acquiescence of management,
and on the further grounds that these activities result in an
unwarranted amount of police attention.
B. THAT the Chief License Inspector refer to Council any license
application for the premises at 162 East Hastings Street or
any license application by the current license owner.
- CARRIED UNANIMOUSLY
MOVED by Cllr. Clarke,
C. THAT the owner of the building be notified of the actions
taken by Council this day.
- CARRIED UNANIMOUSLY
Members of Council also requested that the Clerk to the Council
advise communications staff in the City Clerk s and Police departments
of the actions taken by Council.
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. Clarke,
THAT the report of the Committee of the Whole be adopted.
- CARRIED UNANIMOUSLY
* * * *
The Show Cause Hearing adjourned at 12:25 p.m.