CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

APRIL 21/MAY 26, 1998

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, April 21, 1998, in the Council Chamber, Third Floor, City Hall, commencing at 10:00 a.m., for the purpose of determining whether or not 1998 Business Licenses ought to be granted to the Applicants, Alfonso Centanni, Giuseppe Ficetola, and Neve Restaurant Ltd., carrying on business as the Neve Restaurant and the Pofi Bar, 1308 Commercial Drive.

PRESENT:	Mayor Philip Owen Councillor Don Bellamy Councillor Jennifer Clarke Councillor Alan Herbert Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor Sam Sullivan
ABSENT:	Councillor Nancy A. Chiavario (Family Emergency) Councillor Lynne Kennedy (Sick Leave) Councillor George Puil (Leave of Absence)
CITY MANAGER'S OFFICE:	Judy Rogers, Deputy City Manager
CLERK TO THE COUNCIL:	Denise Salmon

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Clarke,

THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair.

- CARRIED UNANIMOUSLY

1. Neve Restaurant Ltd., carrying on business as

the Neve Restaurant and Pofi Bar: 1308 Commercial Drive

The following material (on file in the City Clerk's Office) was before Council:

·Licensing Information

-Business Licences, Application and Correspondence

-Liquor Control and Licensing Branch - Liquor License, Reports and Suspensions

-Certificate of Incorporation and B.C. Online Search

·Police Reports

- January 24, 1996 - February 25, 1998

·Licensed Premise Checks

·Health Inspection Reports

-December 19,1997 - March 18, 1998

·Neighbourhood Complaints

-November 1996 - February 25, 1998

·Photographs

·Copy of letter dated March 10, 1998, from the Neve Restaurant Ltd. responding to Chief Licensee Inspector's letter of March 5, regarding referral of application for a business license to City Council

·Copy of letter dated March 25, 198, from the Law Department to Alfonso Centanni and Giuseppe Ficetola, Directors, regarding whether or not to grant the applicants a 1998 Business License for the Neve Restaurant and the Pofi Bar, 1308 Commercial Drive

Ms. Catherine Kinahan, Corporation Counsel, was present on behalf of the City. The licensees, Messrs. Giuseppe Ficetola and Alfonso Centanni, were represented by Mr. Derek Corrigan, Lindsay Kenney, Barristers and Solicitors.

Ms. Kinahan advised the 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. She further noted, for ease of identification, the premises in questions would be referred to as the Pofi Bar. Council's attention was then directed to a memorandum from the City's Director of Legal Services dated March 25, 1998, to Alfonso Centanni and Giuseppe Ficetola, Directors, which set out the following allegations:

Clause 1 Cont'd

(a)selling or permitting the sale of liquor on the premises in contravention of the terms of the Liquor License issued to the Applicants and in contravention of the Liquor Control and Licensing Act, R.S.B.C. 1996, c.267;

(b)failing to control the conduct of patrons on the premises;

(c)permitting or failing to prevent smoking on the premises in contravention of the Smoking By-law of the City of Vancouver;

(d)permitting or failing to prevent the sale of illegal drugs by drug-traffickers on the premises; and

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

In support of these allegations, Ms. Kinahan called the following witnesses:

·Paul Teichroeb, Chief Licence Inspector, Licence and Property Use Division

·Constable 1323 William Pake

·Constable 1439 Ken Lemckert

·Cecil Unrau, Inspector, Liquor Control and Licensing Branch

·Jana Sakich, Block Watch Captain

Mr. Corrigan also directed questions to each of the witnesses.

Distributed, for Council's consideration, was a submission from Mr. Corrigan dated April 21, 1998 wherein background on the Neve Restaurant and Pofi Bar and responses to allegations (a) through (e), as set out above, was offered. The submission concluded with note the owners wish to cooperate to re-establish the Commercial Drive business area as a community-oriented, safe and peaceful district.

* * *

At this point in the proceedings, due to a previously scheduled 2:00 p.m. meeting, and the number of witnesses remaining, the Mayor suggested Council recess and reconvene on Tuesday, May 12, 1998. Council so agreed. The Clerk was requested to confirm the time of the meeting.

* * *

Prior to recess, Mr. Corrigan advised he had conferred with his clients, and notes they are willing to give up their Liquor License in order to avoid losing their Business License.

Clause 1 Cont'd

The Special Council recessed at 12:40 p.m.

* * *

The Special Meeting of Council reconvened on Tuesday, May 26, 1998, at 9:00 a.m. in the Council Chamber, Third Floor, City Hall, to continue discussions on the Neve Restaurant and Pofi Bar, 1308 Commercial Drive, with the same Councillors present and Mayor Owen in the Chair.

* * *

In support of the aforementioned allegations (a) through (e), Ms. Kinahan called the following witnesses:

·Constable 1741 Lisa James

·Constable 1723 Brian Montague

·Arnaud Zontag, Public Health Inspector

·Val Spicer, Co-ordinator, Grandview Woodland

Community Police Office

·Harry Grunsky

Mr. Corrigan also directed questions to each of the witnesses.

* * *

After the hearing of all witnesses, Mr. Corrigan requested a short recess in order to confer with his client.

* * *

Submitted for Council's consideration, by Mr. Corrigan, were a number of letters of support for the Pofi Bar, with note they had just been received that morning.

In summation, Mr. Corrigan referred Council members to his earlier submission dated April 21, 1998, and advised the owners of Pofi Bar have now relinquished their Liquor License in an attempt to retain their Business License based on the their commitment to operate within the parameters of that license.

Ms. Catherine Kinahan submitted that the evidence presented at this Hearing accords with the allegations (a) through (e) above and set out the legal test for Council to apply in determining whether or not 1998 business licenses ought to be granted to the Applicants, Alfonso Centanni, Giuseppe Ficetola, and Neve Restaurant Ltd.

Clause 1 Cont'd

COUNCIL DISCUSSION

Prior to a decision on this matter, Council members noted the demonstrated history of the owners inability to control conduct of patrons and to police illegal activities on the premises, with no evidence they will be able to do so in the future, to the continued detriment of both the neighbourhood and building residents. Cost of staff resources to date, including numerous health inspections and police attendances was also noted.

In response to a question from Council, Mr. Teichroeb advised if an application for another license were received the application would be evaluated very closely and an agreement established between the proposed new licensee and the City of Vancouver around operating conditions; Council would be informed as to the current status of any potential licensee.

MOVED by Cllr. Bellamy,

A.THAT 1998 Business Licenses not be issued to the Applicants: Alfonso Centanni, Giuseppe Ficetola, and the Neve Restaurant Ltd., carrying on business as the Neve Restaurant and the Pofi Bar, 1308 Commercial Drive, because the Applicants have failed to properly manage the premises by:

(a)selling or permitting the sale of liquor on the premises in contravention of the terms of the Liquor License issued to the Applicants and in contravention of the Liquor Control and Licensing Act, R.S.B.C. 1996, c.267;

(b)failing to control the conduct of patrons on the premises;

(c)permitting or failing to prevent smoking on the premises in contravention of the Smoking By-law of the City of Vancouver;

(d)permitting or failing to prevent the sale of illegal drugs by drug-traffickers on the premises; and

(e)carrying on business to the detriment of the safety and wellbeing of the public.

B.THAT if the applicants decide to relocate, the Chief License Inspector relay this information to Council.

Clause 1 Cont'd

C.THAT if the establishment opens under different management, Council be notified immediately.

- 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. Clarke,

THAT the report of the Committee of the Whole be adopted.

- CARRIED UNANIMOUSLY

* * * * *

The Special Council adjourned at 12:15 p.m.

* * * * *

(c) 1998 City of Vancouver