1025 Davie Street - Class 'D Neighbourhood Pub - Fountainhead

ADMINISTRATIVE REPORT

Date: September 14, 1999
Author/Local: Diane Clairmont/6371
RTS No. 964

CC File No. 2615-7

VLLC: September 16, 1999

TO:

Vancouver Liquor Licensing Commission

FROM:

Ulli Watkiss, City Clerk

SUBJECT:

1025 Davie Street - Class 'D' Neighbourhood Pub
Fountainhead Pub - Referendum Results

RECOMMENDATION

THAT the Vancouver Liquor Licensing Commission, having considered that the majority of area residents and business operators of the community are in favour of the application as determined by neighbourhood notification and having considered the proximity of residential developments, traffic patterns, road access, availability of parking, noise impacts and the overall design, advise the General Manager, Liquor Control & Licensing Branch, that it supports the application by Fountainhead Pub Ltd. for a 65-seat Class 'D' Neighbourhood Pub with 20-seat patio on private property subject to:

i) no off-premise sales
ii) hours of operations:

10:00 a.m. to 12:00 midnight Monday to Thursday
11:00 a.m. to 1:00 a.m. Friday and Saturday
11:00 a.m. to 12:00 midnight Sunday

iii) the patio closing at 11:00 p.m.
iv) a time-limited development permit and/or legal agreement

FURTHER THAT this endorsement is conditional upon there being no appeals received prior to the end of the appeal period of October 4, 1999.

CITY MANAGER'S COMMENTS

The City Manager RECOMMENDS approval of the foregoing.

COUNCIL POLICY

(1) All new Class 'D' liquor license application located within close proximity to residential accommodation are subject to a referendum conducted in accordance with City guidelines, prior to receiving final consideration by City Council.
(2) A referendum must receive at least 60% of the acceptable votes cast in favour, in order for the application to proceed.

(3) A 30-day appeal period commences on the date the referendum results are released to the public.

(4) The applicant and/or any person deemed affected by the referendum may file a written appeal of the referendum process to the City Clerk. Appeals received are investigated by City Staff for report to and consideration by the Vancouver Liquor Licensing Commission.

PURPOSE

The purpose of this report is to advise the Commission of the results of the referendum conducted for the consideration of the application by Fountainhead Pub Ltd. for a Class 'D' Neighbourhood Pub for the premises located at 1025 Davie Street and to recommend, as a result of the findings of this referendum, that the application be approved.

BACKGROUND

Fountainhead Pub Ltd. has applied to the Provincial Liquor Control and Licensing Branch and the City for permission to operate a 65-seat Class 'D' Neighbourhood Pub at 1025 Davie Street with 20-seat patio, no off-premise sales, the patio closing at 11:00 p.m., and a time-limited development permit and/or legal agreement.

The Vancouver Liquor Licensing Commission considered this application on January 8, 1998 and resolved that consideration of the application be subject to the results of a referendum conducted in accordance with existing City guidelines.

RESULTS OF THE REFERENDUM

The referendum has now been carried out in accordance with Council-approved policies and procedures.

A Public Information Meeting was held on Wednesday, June 16, 1999 at St. Andrews Wesley Church, Christian Education Centre - Gymnasium, 1020 Nelson Street attended by approximately 125 residents and business operators drawn from the area of the proposed development. The meeting was chaired by the City Clerk, who made a presentation and responded to questions regarding the application and referendum processes. The applicants provided information and responded to questions regarding the proposed development.

A record of the proceedings of this meeting is on file in the City Clerk's Office.

The referendum was subsequently conducted by MarkTrend Research Inc., within a 1,000 ft. radius of the site, between July 19 and July 31, 1999.

MarkTrend has submitted its report of the referendum results to the City and following an audit conducted by City staff, the results have been determined to be as follows:

Valid 'Yes' ballots (in favour)

1,537

78.3%

Valid 'No' ballots (opposed)

425

21.7%

Total ballots distributed

3,619

Total ballots received

2,014

Total ballots spoiled

52

Total ballots suitable for tabulation

1,962

Ballot Response Rate

55.7%

The full report prepared by the referendum company is on file at the City Clerk's Office.

OF THE REFERENDUM

There have been no s filed to date with regard to the conduct of this referendum. The period does not expire until October 4, 1999. The results of the referendum have been brought forward to this meeting prior to the end of the period due to the lengthy process of thisapplication and the applicant's desire to proceed as quickly as possible. In addition, this has been done to avoid further delay due to the possible cancellation of the November Vancouver Liquor Licensing Commission meeting as a result of the Municipal Election.

CONCLUSION

City Council policy requires that a referendum receive a minimum 60% of the acceptable votes cast in favour for an application to proceed. This application has received in excess of this requirement (78.3% of the valid votes cast were in favour). The City Clerk, therefore, recommends the Commission endorse this application subject to the conditions previously identified.

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TO:	Vancouver Liquor Licensing Commission
FROM:	Ulli Watkiss, City Clerk
SUBJECT:	1025 Davie Street - Class 'D' Neighbourhood Pub Fountainhead Pub - Referendum Results

Valid 'Yes' ballots (in favour)	1,537	78.3%
Valid 'No' ballots (opposed)	425	21.7%
Total ballots distributed	3,619
Total ballots received	2,014
Total ballots spoiled	52
Total ballots suitable for tabulation	1,962
Ballot Response Rate		55.7%