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Pubdate: Fri, 03 Sep 2004 Source: Vancouver Sun (CN BC) Copyright: 2004 The Vancouver Sun Contact: http://www.canada.com/vancouver/vancouversun/ Details: http://www.mapinc.org/media/477 Author: Wyng Chow and Maurice Bridge Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) Bookmark: http://www.mapinc.org/hr.htm (Harm Reduction) COUNCILLORS MELLOW ABOUT POT CAFE ON THE DRIVE Several Vancouver city councillors appeared relatively unconcerned Thursday about reports of a cafe on Commercial Drive openly selling pot. "I think as a city, we have much more important issues that need our immediate attention," said Coun. Tim Louis. "I don't know that it's one of the most important issues," said Coun. Anne Roberts. "I'm more concerned about single-resident occupancy hotels that violate our bylaws, or places that fence stolen goods -- that concerns me much, much more." Carol Gwilt, owner of Da Kine Smoke and Beverage Shop at 1018 Commercial Drive, is scheduled to appear Sept. 15 at a hearing to determine whether the city will revoke the cafe's business licence because Gwilt has admitted to making over-the-counter sales of marijuana. Barb Windsor, Vancouver's deputy chief licensing inspector, said Thursday a panel of three city councillors will hear evidence relating to the operation of Da Kine before making a recommendation to city council. "The panel will determine if any action should be taken against the business licence," Windsor said. "If the decision by council is to revoke the licence, [the proprietor] could be told to close immediately, or be given a timeline." Initial information indicated Coun. Tim Stevenson had knowledge of the cafe's activities before it hit the front page of The Vancouver Sun Thursday, but Stevenson has since denied that. He said he found out about it from media sources on Wednesday. Stevenson said he had just received minutes from a July 15 meeting he attended with about a dozen Commercial Drive entrepreneurs, and said there was no mention of illegal drug sales in the neighbourhood. "There was one section on what they call problem premises, residential and business, and it doesn't even mention the word 'marijuana,' let alone a mention of that particular business [Da Kine]," he said. Other councillors said they didn't see it as a problem, regardless of whether Stevenson was aware of the business. "If [Stevenson] did know about it in advance, he did the right thing by not raising it as an issue," Louis said. "I don't think there's any problem with him not raising it." Roberts said she also heard about the Da Kine cafe through the media. She said the issue needed to be looked into, adding that council doesn't support people violating bylaws. However, she said such places were not her top priority. Coun, Jim Green said the current complaint process should be adequate for handling such matters. "I checked throughout the city and with other councillors and there have been absolutely no complaints about this store. We get complaints about everything -- I've got five or six e-mails today about a guy parking a truck by a construction site. I would assume that Councillor Stevenson thought our staff will report to us if there's an issue here, and that's the normal way we deal with things." The Da Kine cafe is licensed to operate as a limited-service food establishment. It is permitted to sell pre-packaged food -- no food preparation on-site is allowed -- along with publications, gifts and clothing. No smoking is permitted on the premises, while seating for a maximum number of 16 people is authorized for both inside and outside. The business licence, which cost $311, expires Dec. 31. Vancouver police spokeswoman Const. Sarah Bloor said earlier the police force "had concerns" when the cafe first applied for a licence in January. But despite those unspecified concerns -- which police raised with city staff -- a business licence was issued May 4. On Wednesday, Gwilt admitted to the media her shop has been selling marijuana over the counter since it opened four months ago, although no drugs are displayed. She told reporters she considers her cafe to be a vital part of Vancouver's harm reduction plan when it comes to dealing with drug use, and hopes the city and police allow her to stay in business. "I don't consider what I'm doing to be illegal," Gwilt said. "Cannabis needs to be removed from the Criminal Code." Gwilt did not return phone calls Thursday. Bloor reiterated Thursday that while police were aware of the situation at the cafe, no investigation was undertaken because of a lack of resources. "We can only do so much with what we have," she said, adding the department is more interested in cracking down on serious criminals and large crime organizations. "Our priority is to investigate [marijuana] grow-ops and organized crime," said Bloor, pointing to the recent seizure of about 450 kilograms of pot -- with a street value exceeding $1 million --from three Vancouver residences. As for the Da Kine cafe, Bloor said: "[Police] can't just go in to arrest and seize. You have to get search warrants. You just can't walk in and shut down an operation. "If we can work with the city to have their licence pulled, we'll do that." - --- MAP posted-by: Richard Lake