These minutes will be adopted at the Regular Council meeting of January 18, 2005.

CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

DECEMBER 2, 2004

A Business License Hearing of the Council of the City of Vancouver was held on, Thursday, December 2, 2004, in the Council Chamber, Third Floor, City Hall, commencing at 7:30 p.m., to determine whether or not the City of Vancouver Business License for the year 2004 granted to Nour's Food Supplies, doing business as Hornby Smoke and Convenience Store (the "Licensee"), for business premises located at 979 Hornby Street, Vancouver, British Columbia (the "Business Premises"), should be suspended or revoked.

PRESENT:

Councillor Sam Sullivan, Chair

 

Councillor David Cadman

 

Councillor Anne Roberts

   

CITY CLERK'S OFFICE:

Laura Kazakoff, Meeting Coordinator

1. Nour's Food Supplies Ltd., dba Hornby Smoke And Convenience Store (File 2711-75)

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:

1 Licenses and Inspections Department - 56 East Hastings Street

2 Police Department - 56 East Hastings Street

3 Licenses and Inspections Department - 979 Hornby Street

4 Police Department - 979 Hornby Street

Catherine Kinahan, Lawyer, was present on behalf of the City of Vancouver. Mr. Mustafa Sammani was present on behalf of Nour's Food Supplies Ltd.

Ms. Kinahan advised this matter had been referred to City Council by the Chief License Inspector and that proceedings were taking place pursuant to Section 275 of the Vancouver Charter, which provides that the granting or refusing of a business license is deemed to be at the discretion of Council.

Ms. Kinahan referred the Panel to the Notice of Hearing contained within the afore-mentioned evidence package, which sets out the allegations that the Licensee has failed to properly manage the Business Premises by carrying on business to the detriment of the neighbourhood and by causing a drain on public resources.

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

Barbara Windsor, Deputy Chief License Inspector
Police Constable 1723 Brian Montague
Police Constable 2188 Jennifer Daniel
Police Constable 2189 Erin Roulston
Police Constable 2393 Douglas Will

Mr. Sammani also directed questions to the witnesses.

Mr. Sammani addressed the Panel and advised that in relation to allegations that one of his employees had purchased goods from a person coming into the store off the street, he had a witness who can testify to the fact that he had on another occasion fired an employee for purchasing goods off the street.

Mr. Sammani called Aqeel Khan as a witness. Mr. Khan testified that one time while he was helping out in a store owned by Mr. Sammani, he witnessed an incident whereby Mr. Sammani had an argument with a person in his employ and terminated his employment. During questioning Mr. Khan noted he knew the employee by first name only and could not recall the exact date of this incident nor the reason for the employee being fired.

Mr. Sammani called James MacDonald as a witness. Mr. MacDonald related an incident whereby he witnessed a break-in in progress and subsequent theft of cigarettes by a female perpetrator at Hornby Smoke and Convenience Store. Mr. MacDonald testified he followed the perpetrator to Granville Street and reported the incident to 911.

Mr. Sammani submitted that in relation to the incidents in question it is not evident that he was buying stolen property. He noted the coincidence of a female officer coming into his store to sell cigarettes a couple of days following the theft of cigarettes from his store, which made him suspicious that these cigarettes were his property. Mr. Sammani advised that since that incident many people have come into his store to attempt to sell items and he has refused all of them. He further noted that his business has been broken into five times in the last six months and closing down his business would cause him financial hardship.

PANEL MEMBERS DISCUSSION

Prior to a decision on this matter, panel members noted the history of allegations in regard to the Licensee in terms of conducting business in a manner which failed to comply with the terms of his Business License. Members also commented on the cost of City services in dealing with this premises, the Licensee's own testimony at this hearing that he had purchased goods he believed to be stolen, and the fact he has created an unfair advantage for his business over other legitimate businesses in the area.

MOVED by Councillor Cadman

CARRIED UNANIMOUSLY

The Business License Hearing Panel adjourned at 9:25 P.M.

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