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CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

APRIL 17, 2000

A Business License Hearing of the Council of the City of Vancouver was held on Monday, April 17, 2000, in the Council Chamber, Third Floor, City Hall, commencing at 9:30 a.m., to determine whether or not a City of Vancouver business license for the year 2000 ought to be issued to Mancharambath Velayudhan, doing business as Van's Grocery, for the business premises located at 757 East Broadway, Vancouver, British Columbia.

PRESENT:	Councillor Gordon Price, Chair Councillor Jennifer Clarke Councillor Lynne Kennedy
CITY CLERK’S OFFICE:	Laura Kazakoff, Meeting Coordinator

1. Van's Grocery - 757 East Broadway File: 2711-29

The Business License Hearing Panel had before it for consideration an Evidence Brief, prepared by the City's Legal Department, which contained the following material (on file in the City Clerk's Office) and the evidence of witnesses:

Tab
Notice of Hearing

1 Permits and Licenses Department Documents

1999 Business license for Van’s Grocery
Letter from P. Teichroeb, Chief License Inspector, to Prem Velayudhan, Van’s Grocery, dated June 4, 1999
Property Use Inspection Report dated June 9, 1999
Letter from Patrick D. Angly, Barrister, to P.E. Teichroeb, Chief License Inspector, dated June 11, 1999, with letter dated June 11, 1999 from Patrick D. Angley to the Chief of Police, and Receipt in the amount of $169.00 dated June 7, 1999
Letter from P. Teichroeb, Chief License Inspector, to Mancharambath Velayudhan, Van’s Grocery, dated June 24, 1999
Letter from Patrick D. Angly, Barrister, to Guy Gusdal, Permits and Licenses Department, dated June 21, 1999

Letter from Patrick D. Angly, Barrister, to Paul Teichroeb, Chief License Inspector, dated June 21, 1999, with attached GST Registration, SST Registration and Assignment of Lease
Letter from Patrick D. Angly, Barrister, to P.E. Teichroeb, Chief License Inspector, dated June 29, 1999
Application for Business License, Criminal Record Check, re Mancharambath Velayudhan, dated June 29, 1999
Letter from P. Teichroeb, Chief License Inspector, to Patrick D. Angly, Barrister, dated July 23, 1999
Fax cover sheet from Barb Windsor, Deputy Chief License Inspector, to Steve Callender, Mount Pleasant, re background check on Mancharambath Velayudhan, dated July 23, 1999
Letter from Revenue Canada, Vancouver Tax Services Office, to Mancharambath Velayudhan, Van’s Grocery, dated September 17, 1999
Fax letter from Patrick D. Angly, Barrister, to Paul Teichroeb, Chief License Inspector, dated September 30, 1999
Letter from Paul Teichroeb, Chief License Inspector, to Patrick D. Angly, Barrister, dated October 4, 1999
Letter from Patrick D. Angly, Barrister, to Paul Teichroeb, Chief License Inspector, dated November 2, 1999
Letter from B. Windsor, Deputy Chief License Inspector, to Patrick D. Angly, Barrister, dated November 26, 1999
Handwritten notes of B. Windsor dated December 16, 1999
E-mail from Barb Windsor to Catherine Kinahan dated December 17, 1999
Letter from Patrick D. Angly, Barrister, to Barb Windsor, Deputy Chief License Inspector, dated December 17, 1999
Letter of Intent for Mancharambath Velayudhan re 757 East Broadway, dated December 28, 1999
Handwritten notes of “BW” dated January 7, 2000
License Bill in the amount of $2.00 dated January 5, 2000, with handwritten notes of B. Windsor dated February 8, 2000
Letter from P. Teichroeb, Chief License Inspector, to Mancharambath Velayudhan, dated February 21, 2000
Letter from P. Teichroeb, Chief License Inspector, to Mancharambath Velayudhan, dated March 3, 2000

2. Vancouver/Richmond Health Board Documents

Report dated January 16, 2000
Report dated January 18, 2000
Report dated February 3, 2000
Typewritten note from B. Windsor dated January 10, 1999 re 757 E. Broadway -Van’s Grocery, with handwritten note dated February 3, 2000

3. Vancouver Police Department Documents

Police Report, Case No. 99-112839, dated May 26, 1999
Information to Obtain a Search Warrant, dated May 26, 1999
Warrant to Search, dated May 26, 1999
Police Report, Case No. 99-130836, dated June 16, 1999
Police Report, Case No. 99-148798, dated July 7, 1999
Police Report, Case No. 99-154682, dated July 14, 1999
Police Report, Case No. 00-025321, dated January 28, 2000
Police Report, Case No. 00-42805, dated February 24, 2000
Police Report, Case No. 00-43160, dated February 24, 2000

4. Affidavit of PC 1464 Pitt-Payne

Affidavit of PC 1452 Fostvelt

Catherine Kinahan, Corporation Counsel, was present on behalf of the City. The applicant, Mancharambath Velayudhan, had been appropriately notified of this meeting; however, the applicant was not present nor was he represented by Counsel.

Ms. Kinahan noted 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 Councillors. Ms. Kinahan referred the Panel to evidence before it as set out in police reports, property use reports, reports from the Vancouver Health Board, letters from the Chief License Inspector and the Deputy Chief License Inspector, documentation which was considered by the Deputy Chief License Inspector in referring this matter to Council, Affidavits from Police Constables Pitt-Payne and Fostvelt, and the evidence of witnesses, which sets out the allegations that the applicant has failed to properly manage the business by:

(a) carrying on business without a business license in contravention of the License By-law of the City of Vancouver; and

(b) allowing Prem Velayudhan to be found on the Premises and to participate in the operation of the business on the premises;

to the detriment of the safety and well-being of the public.

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

· Roy Noseworthy, Mount Pleasant businessman and resident
· Barb Windsor, Deputy Chief License Inspector
· PC 1649 Mike Purdy
· PC 1809 Tristan Johnson
· PC 1380 Steve Callender
· PC 1814 Mas Mineta

PANEL MEMBERS' DISCUSSION

Prior to a decision on the matter, Panel members noted the applicant's demonstrated history of allegations as set out above, the history of illegal activities on the premises such as selling or failing to prevent the sale of illicit drugs, single cigarettes and cigarettes bearing the Ontario tax label, and the applicant's failure to understand the operating and licensing requirements for his business.

MOVED by Cllr. Kennedy,

A. THAT a 2000 business license not be issued to the Applicant, Mancharambath Velayudhan, doing business as Van's Grocery, 757 East Broadway, Vancouver, B.C., because the Applicant is likely to carry on business to the detriment of the safety and well-being of the public in that:

(a) the Applicant has failed to properly manage the Business premises by:

(i) carrying on business without a business license in contravention of the License By-law of the City of Vancouver; and

(ii) allowing Prem Velayudhan to be found on the premises and to participate in the operation of the business on the premises;

(b) the application by Mancharambath Velayudhan is not a genuine application, but is in fact an application on behalf of Prem Velayudhan, and therefore an attempt to circumvent the suspension by the Chief License Inspector of the 1999 Business License issued to Prem Velayudhan, doing business as Van's Grocery.

B. THAT Council be informed by the Chief License Inspector if any further applications for a business license are made by Mancharambath Velayudhan, Prem Kishor Velayudhan, or any member of their immediate family to the City of Vancouver.

C. THAT the member municipalities of the Greater Vancouver Regional District be notified of Council's decision on this matter.

- CARRIED UNANIMOUSLY

The Panel adjourned at 10:18 a.m.

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(c) 1998 City of Vancouver