by Richard Gleeson
Northern News Services

NNSL (Dec 17/97) - The city had three cab companies Monday morning but only two by the afternoon.

At the conclusion of a noon appeal hearing on Sunshine's licence to operate in the city, council voted 6-1 to suspend the licence of the city's smallest cab company.

The company will not be able to operate until it proves it has at least 10 registered, insured vehicles in its fleet.

Municipal enforcement chief Paul Gamble said Sunshine had only eight cars registered with the territorial Department of Transportation.

Sunshine spokesman Yosuf Hashi said the 10-car minimum required by the bylaw was "killing" the fledgling company, adding he did not think it would be going into effect until April 1, 1998.

One Sunshine driver said the 10-car minimum does not serve the public interest.

"It seems to me this threshold only serves the purposes of some to put pressure on council to put this company out of business," said the woman, who did not give her name.

Though council has ordered a review of the bylaw, they agreed the bylaw as it stands was what they were ruling on this day.

"No matter what we think of the bylaw now doesn't matter," noted Ald. Robert Slaven. "We have to go with the bylaw the way it is."

Slaven noted the bylaw includes a clause that allowed council to override the minimum requirements and let Sunshine keep its licence.

Ald. Kevin O'Reilly later asked city lawyer Geoffrey Wiest if it is possible to use that provision to allow Sunshine to keep its licence until it meets the requirements of the bylaw.

Wiest said in his opinion the city had no choice but to revoke the licence of the company.

"It (is) simply not fair to allow one party to operate in contravention of the bylaw," he said.

O'Reilly then asked what, if any, liability the city would expose itself to if it chose to allow Sunshine to keep its license.

"It's not appropriate to discuss that in public at this time," responded Wiest.

A vote was then held to go in camera to hear what Wiest had to say. But aldermen Cheryl Best, Peggy Near and Blake Lyons defeated the motion, which required a two-thirds majority.

Bob Brooks was the only member of council to vote against the recommendation to shut down Sunshine.

"I believe the intent (of the bylaw) is clear, but there's enough grey areas that I'm uncomfortable agreeing with this recommendation," said Brooks.