A Lake Country business has lost a legal challenge of a decision by Lake Country Council not to renew its business license.
Council approved a staff recommendation in February 2017 to not renew the license of the Lakeside Airport Inn due to health and safety concerns, including mold and electrical issues.
“The District had concerns about the Inn. There were renovations being done to one of the unoccupied buildings without a building permit,” says the BC Supreme Court ruling. “On February 16, 2016, the District’s Fire Inspector attended the site and noted that there was mould in the interior, storage of household effects and combustible materials in the electrical rooms, water leaking from the ceiling, broken emergency lights, small fires in several electrical outlets and deficient smoke detectors.”
Raif Holdings, which owned the former motel, challenged council’s decision in BC Supreme Court, and sought to have the District’s new business bylaw ruled invalid.
Raif argued, among other claims, it was not given a fair opportunity to be heard or refute the allegations against the owner because file disclosure had not been provided.
In dismissing the claim and upholding the District’s bylaw, Justice Dev Dley ruled proper notice was given, and said it would “defy logic” to grant a business license to a hospitality industry applicant who had failed to comply with issues such as health or sanitation.