CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

JANUARY 15, 2004

A Business License Hearing of the Council of the City of Vancouver was held on, Thursday, January 15, 2004, in the Council Chamber, Third Floor, City Hall, commencing at 7:30 p.m., to determine whether or not a City of Vancouver business license for the year 2004 should be granted to Nhi Duc Tran (the "License Applicant"), doing business as Good Deal, for business premises located at 433 Columbia Street, Vancouver, British Columbia (the "Premises").

PRESENT:

Councillor Anne Roberts, Chair

 

Councillor Fred Bass

 

Councillor Jim Green

   

CITY CLERK'S OFFICE:

Tina Hildebrandt, Meeting Coordinator

1. Nhi Duc Tran dba Good Deal (File 2711-61)

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

Notice of Hearing

Tab

1 Licenses and Inspections Department

2 Police Department

Report dated October 30, 2003 with attachment

Catherine Kinahan, Counsel, was present on behalf of the City of Vancouver. Mr. Nhi Duc Tran, the License Applicant, represented himself and was aided by Ms. Sylvia Pham, certified Vietnamese interpreter.

Ms. Kinahan advised this matter had been referred to City Council by the Chief License Inspector pursuant to Section 4(2a) of the License By-law of the City of Vancouver and that 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 Council members.

Ms. Kinahan referred the Panel to evidence before it as set out in documents which were considered by the Chief License Inspector in referring the business license to Council, a letter from the Deputy Chief License Inspector, the Vancouver Board of Trade Report On Property Crime in Vancouver dated October 2003, and the evidence of witnesses, which set out the allegations that the License Applicant has failed to properly manage the Premises by failing to comply with the provisions of the Second Hand Dealers By-Law in regards to the licensed Premises.

Ms. Kinahan also referred the Panel to the following two documents submitted at this hearing (on file in the City Clerk's Office):

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

Mr. Tran had no questions for the witnesses.

Mr. Tran, with the aid of the interpreter, submitted that some of the items on the Premises were left by the previous owner and during the course of his business there he lost a lot of items. It was not his fault if some of these items were stolen. He further added that he did not attempt to hide these items, they were displayed. With regard to the under-cover police officers who attended the Premises, Mr. Tran noted that they looked like good people who were well dressed and that they begged him to buy their items until he felt sorry for them. He indicated that it may have been his fault for judging people and trusting them so much. Mr. Tran acknowledged that what he did was wrong and asked the Panel to consider giving him another chance because his whole family depends on his support. He promised that he would do his best, register everything and not feel sorry for anyone again.

PANEL MEMBERS DISCUSSION

Prior to a decision on this matter, Panel members commented on the evidence presented, noting that although the License Applicant has been given a number of chances he has failed to comply with the Second Hand Dealers and Pawnbrokers By-law with regard to the Premises. Concern was expressed regarding property theft of this nature and, in particular, how this property is obtained, such as by vehicle break-ins and beatings, and that this is not a victimless crime. Panel members felt it is Council's duty to close these types businesses down as they are destroying the neighbourhood.

MOVED by Councillor Green

CARRIED UNANIMOUSLY

The Business License Hearing Panel adjourned at 8:54 p.m.

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