REPORT TO COUNCIL

VANCOUVER LIQUOR LICENSING COMMISSION

October 8, 1998

A regular meeting of the Vancouver Liquor Licensing Commission was held on Thursday, October 8, 1998, at 7:30 p.m., in Committee Room No. 1, Third Floor, City Hall.

PRESENT: Councillor Lynne Kennedy, Chair

Councillor Don Bellamy
Councillor Alan Herbert

ABSENT: Councillor Daniel Lee

ALSO PRESENT: Michael Gordon, Central Area Planning

Guy Gusdal, License Coordinator
Inspector Dave Jones, I/c District 1, Police Department
Paul Teichroeb, Chief License Inspector

CLERK: Gil Mervyn

ADOPTION OF MINUTES

The minutes of the Vancouver Liquor Licensing Commission regular meeting held July 23, 1998, were adopted as circulated.

RECOMMENDATION

1. 2750 Granville Street - Stanley Theatre File: 2616-5

Class `E' Concert Hall

The Commission had before it an Administrative Report dated September 17, 1998 (on file), in which the Chief License Inspector recommended Council endorse an application by the Stanley Theatre Society for a Class `E' Concert Hall liquor license at the Stanley Theatre, 2750 Granville Street.

The Stanley Theatre is a Schedule A registered heritage building owned by the Stanley Theatre Society and is to be operated by the Arts Club Theatre Building Society. The theatre has a seating capacity of 650 patrons and operates seven days per week. Evening show times are at 8:00 pm; Saturday matinees at 4:00 pm, Sunday and mid-week matinees at 2:00 pm.

cont'd ....

Clause No. 1 (cont'd)

The applicant proposes to provide liquor services for the benefit of patrons attending performances at the theatre. A main bar is proposed for the lower lobby level, and a small bar located in the upper lobby behind the balcony seating. The bars are to be open for service 60 minutes prior to a performance, 20 minutes at intermission and for up to 60 minutes following the performance. All types of liquor, as well as non-alcoholic beverages and limited snack foods will be served. There would be no service permitted in the seating area of the theatre.

The neighbourhood notification process resulted in thirteen letters supporting the application and one letter expressing concern regarding the proposal to serve alcohol for up to one hour following performances.

Guy Gusdal, License Coordinator, briefly reviewed the details of the Administrative Report, noting staff were in support of the application as liquor service in theatres has little neighbourhood impact given the limited hours of service and the relative early closing time.

Bruce Milley, President, The Stanley Theatre Society, reviewed the proposed operation of the theatre, noting the theatre would provide a venue for live entertainment which is not currently available in the city. It is intended to provide "respectable theatre for respectable audiences".

Bert Hick, W.A.E, Hick & Associates Ltd., agent for the applicant, referring to a brief (circulated and on file) requested the Commission give consideration to amending the staff recommendation to allow the liquor licensing at the theatre to include the main hall of the theatre and the liquor service be restricted to no greater than three hours prior to and no longer than three hours after a specific event held in the theatre. This request would permit the theatre to host a buffet dinner or reception, prior to or after an event for the cast, crew and invited guests, or to host private functions. These provisions would be similar to the licensing of GM Place and the Hastings Park Race Track.

Bernie Hensel, area resident and owner/manager of an apartment building located across the lane from the theatre, submitted a petition, containing fifteen signatures, in opposition to the application (on file). Mr. Hensel advised the Stanley Theatre had created difficulties for the surrounding neighbourhood in the past, including disruptive behaviour of patrons leaving the theatre via the rear lane. While not opposing the licensing of the theatre to sell alcohol, Mr. Hensel was opposed to any sales following the performances. Mr. Hensel also submitted, for the record, a copy of a report prepared at the request of the Police regarding a recent incident that had occurred outside his building (on file).

cont'd ...

Clause No. 1 (cont'd)

During discussion it was noted that the Stanley Theatre patrons would normally exit via Granville Street and there would be usually eight performances per week. Extended hours would only be required for special events.

Commission members were in support of the application, but felt the request for additional hours of service could not be considered without further notification of the neighbourhood.

The following motion by Councillor Bellamy was put and carried. Therefore, the Commission

RECOMMENDED

THAT Council endorse the request by The Stanley Theatre Society for a Class `E' Concert Hall liquor license at the Stanley Theatre, 2750 Granville Street, having considered the opinion of area residents and business operators, as determined through the neighbourhood notification process, subject to the following conditions:

i. the service of alcohol be limited to 60 minutes prior to a performance, 20 minutes during intermission and up to 60 minutes after a performance;

ii. the service of alcohol not be permitted in the seating area of the theatre.

- CARRIED UNANIMOUSLY

2. 810 Granville Street - Cabaret (Non-Alcoholic Dance Hall) File: 2614-11

John Margetis

The Commission had before it an Administrative Report dated September 17, 1998 (on file), in which the Chief License Inspector recommended Council endorse an application by John Margetis for a 160 seat cabaret, without alcohol, at 810 Granville Street, subject to conditions.

cont'd....

Clause No. 2 (cont'd)

The applicant is proposing to develop approximately 2000 sq.ft. of the basement level of this existing building to operate a non-alcoholic "after hours" dance hall with a seating capacity for 160 patrons. The applicant proposes to operate the dance hall from 1:00 am to 5:00 am, on weekends, to provide a safe, quiet facility for regular patrons from the entertainment industry and general community, to dance and relax after-hours. Pre-recorded music will be provided as entertainment. The applicant is willing to commit to a "good-neighbour agreement and intends to ensure that line-ups will be contained within the building, music will be kept at a volume that will not be audible on the street, there will be slow dispersal of patrons from the premises and no advertising will appear at street level.
The neighbourhood notification resulted in one letter expressing support for the application.

Guy Gusdal, License Coordinator, reviewed the details of the Administrative Report. Mr Gusdal advised there is no separate definition for a "dance hall" under the Zoning and Development By-Law, nor policies or guidelines regarding after-hours dance halls. There are currently no approved after-hours clubs, although there are various illegal clubs that operate for short periods of time in various locations throughout the city.

In response to questions from the Commission, Inspector Dave Jones advised there are on average 23 illegal after-hours clubs operating each weekend. Current venues range in size from 20 to 200 persons, and generally do not comply with the City's health and safety requirements. The Police Department does not currently have sufficient personnel available to locate and control these illegal operations.

John Margetis, applicant, and Steve Crawford, Manager, provided a description of the layout and operation of the proposed after-hours dance hall. There will be a cover charge of ten dollars. There is usually a high turnover, with patrons generally staying for approximately one hour. The dance hall will provide recorded music for entertainment (i.e. there will be no live entertainment), and maintain zero tolerance against drug and alcohol use.

Richard Geibelelhaus spoke in favour of the application noting there was a great need for this type of operation to provide a safe, clean location for patrons to go, after other establishments have closed. Mr. Geilbelhaus had personally frequented after-hours clubs and was concerned of the potential hazards which exist in using illegal venues which do not meet health and safety requirements. Mr Geilbelhaus advised he, and others, also wished to establish this type of club, but had not been successful in submitting an application to the City for consideration.

cont'd...

Clause No. 2 (cont'd)

While supporting the concept of the non-alcoholic after hours dance hall in principal, and recognizing the immediate need to address the safety concerns of the existing illegal operations, Commission members were concerned this application was being considered without the benefit of guidelines, and other similar applications will likely be filed in the near future. Staff were requested to develop proposed guidelines for report back to the Commission as quickly as possible.

The following motion by Councillor Herbert was deferred.

THAT Council endorse the request by John Margetis for a 160-seat cabaret without alcohol at 810 Granville Street, having considered the support of residents and business operators of the community as determined by neighbourhood notification and subject to the following conditions:

I) a time-limited Development Permit with a condition that the sale of alcohol will not be permitted;

ii) the LCLB be informed that the City does not support a liquor license at this location;

iii) a Good Neighbour Agreement signed prior to the issuance of a Business License;

iv) exotic dancing not be permitted.

- DEFERRED

The following motion by Councillor Bellamy was put and carried. Therefore the Commission:

RECOMMENDS

THAT the application by John Margetis for a 160 seat cabaret without alcohol at 810 Granville Street be deferred, pending a report back from staff on the adoption of policies for the regulation of after hours, non-alcoholic dance halls in the city.

- CARRIED

(Councillor Herbert Opposed)

3. 870 Granville Street - Commodore Cabaret File: 2614-6

The Commission had for consideration a letter dated October 6, 1998, from Dennis Coates, Q.C., requesting permission to appear before it to provide information regarding a proposal to re-open the Commodore Cabaret, located at 870 Granville Street. This was in accordance with an agreement, signed by the building owner, that included a commitment that any potential lessees meet with the Commission to discuss the operation of the cabaret and how this establishment might contribute to the success of the Entertainment District.

Paul Teichroeb, Chief License Inspector, advised the Commission had previously resolved to support the continuation or replacement of the existing Class `C' Cabaret and Class `B' Restaurant operations at the Commodore Cabaret at 870 Granville Street. As such, this matter was being brought before the Commission for information, in accordance with the agreement between the City and the building owners. A further resolution regarding these licenses is not required. In response to a question, Mr. Teichroeb advised the existing licenses would permit the Restaurant to operate from 12 noon to 7:00 p.m. and the Cabaret from 7:00 p.m. to 2:00 a.m. Dispersal time following the close of the Cabaret is 30 minutes.

Dennis Coates, agent for the lessees of the Commodore premises, advised lease arrangements had now been consummated between the building owners and Messrs. Roger Gibson and Bruce Allen, both having operated in the cabaret business in Vancouver for many years. Mr. Coates also advised preliminary site and applicant approval had been granted by the Liquor Control and Licensing Branch in May, 1997. Conditions imposed by the Branch, which addressed many of the same concerns previously raised by the Commission, include the following:

a. maximum capacity for the dining establishment and cabaret may be up to 900 persons, subject to fire safety limits;

b. the cabaret must be operated as a single large ballroom and may not be partitioned off into lesser venues;

c. no exotic dancer, entertainment strippers or scantily clad employees are permitted in the cabaret and dining establishment;

d. no games are permitted during the operation of either license;

e. the kitchen facilities must be installed and upgraded so as to be capable of serving the stated capacity of 900 persons as a condition of granting the "B" License.

cont'd...

Clause No. 3 (cont'd)

Roger Gibson, lessee of the Commodore premises, advised he was aware of and in agreement with the City and LCLB licensing conditions. Mr. Gibson also advised the space below the Commodore had been secured and will be developed to provide a new 25 feet wide entrance and Ticket Master outlet. A small restaurant and coffee shop will also be provided in this area. The Commodore premises will be re-developed in an "Art-Deco" style, similar to the original; an elevator, new washrooms, full service kitchen, stage, sound and lighting will also be provided.

An agreement has been entered into with Universal Concerts to provide two or three "international" performing acts per week. The venue will also be available to local performing acts, as well as "Swing Bands", theme dances, ballroom dancing, banquets and other special events. Although the emphasis will be on live entertainment, recorded music and DJ's will be used between performances and when live entertainment is not available.

Bert Hick, representing Universal Concerts, distributed a list (on file) of well known acts brought to perform in Canada in recent years, including at the Commodore Ballroom, before it closed in 1996.

The Commission expressed support for the proposal as presented, noting it met the intent of the agreement between the building owners and the City, and would contribute to the success of the Entertainment District on the Granville Street Mall.

Staff were requested to ensure the lessee entered into a Good Neighbour Agreement and it be clarified that no "gaming" of any type be permitted on the premises.

During this discussion it was suggested the Cabaret Owners Association submit a brief to the Commission to address the issues of seating capacity in cabarets and the extension of the tolerance period from one a half hour to one full hour after closing time.

The following motion by Councillor Bellamy was put and carried. Therefore, the Commission

RECOMMENDED

THAT the verbal report of the proposed lease and operation of the Commodore Cabaret, 870 Granville Street be received for information.

- CARRIED UNANIMOUSLY

INFORMATION

4. Other Business

(a) 315 East Broadway - The Viper Room Cabaret

Inspector Dave Jones proved a verbal report regarding Police response to Viper Room Cabaret, now re-named the Marble Room. The Community Police Office is gathering information for referral to the Permits and Licenses Department for appropriate action.

(b) Inspections by the Liquor Control and Licensing Branch (LCLB)

It was noted the LCLB had provided additional license inspectors since August. The additional inspections have resulted in the identification of a frequency of over-crowding in bars. Statistical information regarding this issue will be included in future problem premises reports from the Police Department

(c) NFL Football - BC Place, August 15, 1998

Inspector Dave Jones advised of a serious situation which took place involving liquor sales, at the NFL Football event held at BC Place on August 15, 1998. The event required a greater than expected commitment of policing resources, and resulted in more than 80 ejections and 12 arrests.

The Clerk was requested to arrange for representatives of B.C. Place to appear before it at its next meeting, to reassure the Commission they will work with the Police Department to ensure an incident of this nature does not occur again.

The Commission adjourned at 9:35 p.m.

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(c) 1998 City of Vancouver