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CITY OF VANCOUVER POLICY REPORT
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Date: |
April 21, 2004 | |
Author: |
Karen Hoese | |
Phone No.: |
604.871.6403 | |
RTS No.: |
02837 | |
CC File No.: |
2610 | |
Meeting Date: |
May 6, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
Chief License Inspector |
SUBJECT: |
Hours of Liquor Service Review: Festival Dates, Temporary Extensions Outside the Downtown Area and Update. |
RECOMMENDATION
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i. Vancouver International Jazz Festival, June 25 to July 4;
ii. Molson Indy, July 22 to July 25;
iii. Vancouver Pride Festival, July 22 to August 1; and
A. THAT Council revise the Interim Hours of Service Policy to generally limit the hours of liquor service in the downtown area to 3 am.
B. THAT Council instruct the Chief License Inspector to consider applications for extended hours of liquor service until 3 am on weekday City festival nights for Liquor Primary establishments in the downtown area for major festivals such as:
C. THAT Council not support later hours of liquor service at this time for Liquor Primary establishments in areas not currently included under the Interim Hours of Service policy until a full review is complete.
D. THAT Council, through the Mayor, send a letter to the Solicitor General and the Ministry of Public Safety, requesting that the Liquor Control and Licensing Branch (LCLB) policy be revised to permit on-going and unlimited temporary amendments to liquor licenses or to provide the City or the LCLB with the ability to rescind permanent amendments in an expedient manner.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of A, B, C, and D.
COUNCIL POLICY
On January 15, 2004, Council endorsed a work program and budget for the development of a comprehensive Hours of Service policy to apply to all Liquor Primary establishments throughout the City.
On November 20, 2003, Council adopted an Interim Hours of Service Policy, not to exceed a period of 12 months, permitting Liquor Primary establishments within the downtown to extend their hours of liquor service on Friday and Saturday nights up to 4 am, and establishments city-wide to extend their hours of service on Sunday nights to match their permanent hours of service on Friday and Saturday nights.
On April 8, 2003, Council directed staff to consider, on a trial basis, extensions to hours of operation of the following applications: Liquor Primary applications, to the same hours of operation as on Friday and Saturday nights, on Sunday nights; and applications beyond 2 am within defined geographic areas and to accommodate special events.
Council has adopted area policies for the West end, Central Business District, Granville Street Theatre Row Entertainment District, Downtown Eastside, Gastown and Downtown Granville South (the latter three are "moratorium" areas). Liquor related applications for the rest of the City are reviewed on a case-by-case basis, based on neighbourhood opinion expressed through various forms of neighbourhood consultation.
SUMMARY
Under the Interim Hours of Service policy, Liquor Primary establishments in the downtown are currently able to apply for extended hours of liquor service, up to 4 am, on weekend nights and nights preceding statutory holidays. On January 15, 2004, Council endorsed a work program for the development of a comprehensive hours of service policy to review hours of liquor service city-wide. Staff indicated at this time that they would report back to Council in May regarding temporary extensions for establishments located outside of the downtown area as well as on extended hours on summer festival dates.
On April 20, Council requested that staff report back with information related to a possible revision to the Interim Hours of Service policy to limit hours of liquor service in the downtown area to 3 am. It is hoped that this change will reduce some of the issues related to migration to the downtown from outlying areas by decreasing the disparity in hours of liquor service.
It is recommended in this report that weekday City festival nights, including the Vancouver International Jazz Festival, Molson Indy and Vancouver Pride Festival, which take place during the summer months between mid-June and early August, be considered for extended hours in the downtown area.
This report also provides Council with the recommendation to not permit extended hours outside the downtown until the comprehensive Hours of Service policy work is complete.
In addition, updates on initiatives to address some of the impacts related to extended hours of liquor service are provided. These updates involve: reduction of street litter, improvements to traffic circulation on Granville Street and revisions to smoking room regulations.
Finally, staff request that Council write to the Minister to request that LCLB policy or regulations be revised to provide the City with the ability to have amendments rescinded in a timelier manner or to permit on-going temporary amendments to liquor licenses. The purpose of this is to ensure appropriate operations and to minimize impacts on adjacent residential uses on an on-going basis.
PURPOSE
This report provides recommendations for extended hours of liquor service for Liquor Primary licensed establishments as follows:
· To revise the Interim Hours of Service policy to limit hours of liquor service to 3 am, to limit impacts related to migration from outlying areas;
· On selected City festival weekday nights within the original downtown trial period boundaries; and,
· To not extend hours of liquor service in areas outside of the downtown area at this time.
In addition, this report provides information on initiatives underway to mitigate issues related to the later hours of liquor service.
BACKGROUND
As part of the City's Liquor Licensing review process, initiated in response to Provincial liquor licensing reforms, a trial period for later Sunday hours for Liquor Primary establishments city-wide was implemented in May 2003. This was followed in July 2003 by the implementation of a trial period for extended hours of liquor service in the downtown. Both trial periods were subsequently extended to the end of November 2003.
On November 20, 2003, interim policy recommendations for extended hours were presented to Council. Council supported continuing the temporary extended hours as follows: establishments in the downtown trial period boundaries up to 4 am on Friday and Saturday nights and nights preceding statutory holidays; and establishments city-wide, to match their permanent Friday and Saturday night hours of service, on Sunday night. This interim policy was approved for a period of time not to exceed 12 months, while development of a Comprehensive Hours of Service policy for the City was underway. Staff also indicated that they would report back in May with recommendations on the possibility of temporary extensions for areas outside the downtown area and summer festival dates.
The work program for the development of the Comprehensive Hours of Service Policy was endorsed by Council on January 15, 2004. The initial phase of the public consultation, scheduled between late February and the end of April, included:
· A series of ten open houses in various neighbourhoods throughout the City (including the Downtown Eastside and Strathcona) which were advertised in local papers and received extensive coverage by a number of media sources including newspapers, radio and television stations;
· Information updates and an on-line comment form on the City website;
· Mail-outs to Business Improvement Associations, residents groups and industry members; and,
· Distribution of rack cards providing an update on the process and contact information.
Unfortunately, feedback has been limited. At the time of writing this report, eight of the ten open houses had been held, with only those scheduled in the Downtown Eastside and Gastown areas outstanding. Approximately 100 individuals have attended to date and 63 comment forms have been received (49 from the open houses and 14 on-line forms).
DISCUSSION
Based on the crowds on the streets and the line-ups outside the clubs, particularly on Granville Street, the trial for later hours of liquor service in the downtown continues to be a successful draw. Benefits cited include greater flexibility for business operators and patrons, increased entertainment options, improved nightlife in the city, and economic benefits to some of the establishments.
However, the crowds attracted to the extended hours in the downtown have also resulted in negative impacts. Local residents complain of later street noise, increased litter and higher incidents of vandalism. The Police have voiced significant concerns regarding the large number of revellers on the streets, about individuals arriving intoxicated from areas with earlier closing times, and increased drunken and disorderly conduct. Another significant issue, not directly related to the extended hours, is the escalating levels of violence (occurring not only in the downtown, but also in other areas in the Lower Mainland and cities throughout Canada). Although a number of changes have been initiated to mitigate some of these problems, it is anticipated that the additional Policing resources being provided for nights with extended hours will continue to be required for the duration of the Interim Hours of Service policy period.
What follows is:
· An update on changes that have been initiated to address some of the negative impacts experienced as a result of the later hours;
· Revisions to the Interim Hours of Service policy period to limit hours of liquor service to 3 am;
· Policy changes regarding festival dates that could be implemented during the Interim Hours of Service policy period;
· Recommendation to not extend hours of liquor service outside the downtown at this time; and,
· Other initiatives underway.
IMPACT MITIGATIONS
In addition to looking at hours of liquor service, an objective of the current policy work is to look at ways to mitigate impacts related to the extended hours. Some solutions have been implemented already, while others are under review.
Litter on Granville Street
One of the issues identified since the commencement of the 4 am club closures was an increase of street litter, particularly along Granville Street, between Robson and Helmcken Streets. The litter was particularly apparent adjacent to fast food establishments. Sanitation Operations has made the following operational adjustments that have addressed the changes in litter generation patterns along and near Granville Street in the downtown:
· Rearrangement of the time City crews are assigned to clean Granville street. Because of the large number of pedestrians along this section of Granville Street prior to 4 am, it is no longer suitable to attempt to clean it until after 4 am those nights.
· Hand cart and litter collection crews have been assigned to one shift each to cover weekends.
In addition, in 2004 the number of litter receptacles in Vancouver, including the downtown, is scheduled to increase by 50%, with each of the new litter receptacles having 25% greater holding capacity.
Traffic Circulation
Issues identified on Granville Street during extended weekend hours include traffic congestion and crowding on sidewalks. In response to this, Police have blocked the 900 block of Granville, between Nelson and Smithe Streets, off to all traffic except buses and cabs when necessary. A design review of Granville Street is currently underway; in the interim some short-term changes have been identified to improve the flow of traffic on the 900 block of Granville street. The proposed changes, which Engineering staff anticipate can be implemented within a few months, include the following:
· Move the passenger zone from east side to west side of Granville Street and rename it to a taxi zone.
o Currently pick-ups and drop-offs on the east side of the street result in significant congestion, both for transit travelling north and for vehicles turning west on Smithe Street.
o The change conveniently places the taxi zone directly adjacent to an existing passenger zone on the west side of the street, eliminating the need for any pick-ups on the east side of Granville.
o It also allows for easier exiting from the area, via the Granville Street Bridge by taxis and other vehicle for hires after picking up passengers on the west side of the street.
· On the east side of Granville Street, create a "no stopping" bus zone and lane along the entire block.
In Gastown, temporary parking regulations on the north side of Water Street are currently under review, and further traffic adjustments are being considered to improve accessibility and improve pedestrian comfort.
Smoking Rooms
One of the problems experienced, particularly on Granville Street, has been that of sidewalk congestion, largely due to line-ups, loitering people and patrons smoking outside of some of the cabarets. In addition, having smokers gather outside of the establishment has increased sometimes problematic interaction between patrons and non-patrons, as well as issues related to in-out privileges. It is possible that incorporating smoking rooms into more of the Liquor Primary establishments would help mitigate these issues.
Under the Heath By-law, no person may smoke in a liquor licensed establishment except in a patio or smoking room. However, as the provision of smoking rooms in Liquor Primary establishments is voluntary, many establishments do not provide one. Industry members have argued that the permitted size, the lesser of 10% of the floor area or 250 square feet, is not large enough, thereby creating a disincentive for operators to justify the additional construction expense.
As part of an overall review of the Health By-law, the Vancouver Coastal Health Authority has drafted revisions to the regulations pertaining to smoking restrictions. These revisions are being proposed in part to address the large gap between what the City will permit with respect to the size of smoking rooms and what is permitted by the Workers Compensation Board and Liquor Licensing Branch. The VCHA report should be before Council within the next 3 months. If adopted, the revisions would increase the maximum size of smoking rooms up to 20% of the size of the establishment and would eliminate the cap. The intent however remains to use this space as a "smoke break" room rather than as alternative seating, with no beverage or food service permitted into the smoking room by employees.
TEMPORARY POLICY CHANGES TO HOURS OF LIQUOR SERVICE
Currently the Interim Hours of Service policy allows Liquor Primary operators in the downtown area to apply for extended hours on Friday and Saturday nights and nights preceding statutory holidays. In January 2004, staff were directed to report back to Council on the following:
Revised Hours of Liquor Service
On April 20, Council directed staff to report back with recommendations to revise the Interim Hours of Service policy to limit hours of liquor service to 3 am. The experiment with 4 am has been positive for the industry and it's patrons but it is hoped that by pulling back the hours to 3 am, the reduced disparity in hours of liquor service between the downtown establishments and those situated outside of the downtown and in other municipalities will alleviate some of the migration issues. Also, limiting the hours of liquor service to 3 am will allow for further review of the issues and evaluation of how they can be further addressed while the comprehensive Hours of Service policy is under development. At the same time, the 3 am extension will continue to provide some of the flexibility and business opportunities that Industry is requesting. Barwatch supports this position.
Festival Nights
During the 2003 trial period, establishments were able to apply for extended hours on weekday City festival nights including Molson Indy, Vancouver Pride Week and HSBC Celebration of Lights. Operators of Liquor Primary establishments have indicated an interest in repeating this in 2004, beginning with the Jazz Festival at the end of June and including Molson Indy and Vancouver Pride Festival in July and August. The effected dates are detailed below:
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Festival |
Duration |
Weekday Nights Effected |
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Vancouver International Jazz Festival |
June 25 to July 4 |
June 27, 28, 29, 30 and July 1 |
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Molson Indy |
July 23 to July 25 |
July 22, 25 |
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Vancouver Pride Festival |
July 22 to August 1 |
July 22, 25, 26, 27, 28, 29 |
During the trial period staff found that while fewer establishments used the later hours on weekday festival nights than on weekend nights, and that lower volumes of patrons tended to frequent the establishments, it did provide opportunities for some special events. Generally, it was found that few significant problems were experienced as a result of the later hours on these nights. The comment forms received to date indicate that 42% (28 of 66) respondents support extended hours of liquor service on weekday City festival nights.
Recommendation B supports extended hours on weekday city festival nights to 3 am. Staff suggest that Council could consider limited extensions until 4:00 am for special events but this will create the difficulty of deciding which events should qualify for these extensions as all venues downtown will want to have the same opportunity
Trial Period Outside Downtown
The trial period for extended weekend hours for Liquor Primary establishments in the downtown was implemented on July 4, 2003. These extended hours have continued since that time and under the Interim Hours of Service policy remain restricted to the original trial area. Feedback received from operators outside the downtown indicates that this restriction has severely impacted their businesses; as such the operators would also like the opportunity to apply for extended hours of liquor service. Currently hours of liquor service are restricted to 2 am for cabarets, private clubs and some hotel bars or lounges, while neighbourhood pubs are required to cease liquor service between 11 pm and 1 am. However, with the recommended revision of the hours of liquor service from 4 am to 3 am in the downtown area, it is anticipated that the impact on those operators will be reduced.
Staff recommend that extended hours of liquor service outside the downtown area not be supported until recommendations for a comprehensive Hours of Service policy are provided. As such, Recommendation C does not support extended hours of liquor service for establishments outside the downtown area.
OTHER INITIATIVES
Revisions to Liquor Control Licensing Board (LCLB) Policy
Current LCLB policy permits temporary amendments, for a maximum of one year, for Liquor Primary liquor licenses. This is to allow local governments to assess the impact of such changes prior to permanent amendments. As such, the continuations of the current temporary amendments for later closing times may not be supported by the LCLB beyond the end of the Interim Hours of Service policy period in early December 2004. Yet it has become increasingly apparent to staff, especially during the extended hours trial period, that in some cases, to ensure appropriate operations and to minimize impacts on adjacent residential uses on an on-going basis, the City needs to be able to deal with operational changes in establishments in a timely manner.
As liquor licensing is regulated at the Provincial level, there are significant limitations as to the City's ability to deal with issues arising from liquor licensed establishments. Under LCLB policy, Council decisions made regarding Provincial liquor licenses are final for the life of the business or as long as the license remains in good standing with the LCLB. There is no ability for Council to support a new license, or an amendment to an existing license, on a time-limited basis or to reverse their decision should circumstances change that are directly impacted by the previous decision. The LCLB currently has the authority to unilaterally amend the terms and conditions of a liquor license but this is a lengthy and unresponsive process with regard to locally-based issues.
The most effective way to remedy this situation is for the Province to provide the City with the ability to provide on-going temporary amendments for later hours of liquor service or to provide either the City or the LCLB with the ability to rescind permanent amendments as required. Such changes will require modifications to the existing Branch policy. As this will likely take some time, staff are raising this issue now to allow the groundwork for such changes to be put into place prior to the conclusion of the Interim Hours of Service policy.
To begin this process, Recommendation D proposes that City Council, through the Mayor, write to the Solicitor General and Minister of Public Safety requesting that the LCLB policy be revised to either provide the City or alternatively, the LCLB, with the ability to rescind permanent amendments in a more expedient manner or to permit on-going temporary amendments to liquor licenses allowing for longer approval periods and an ability to quickly rescind these approvals.
Barwatch/Industry Initiatives
Staff continue to work closely with Barwatch and Industry to resolve issues related to the extended hours of liquor service. Since February 27, 2004 Barwatch has employed four security personnel to patrol Granville Street on nights with extended hours. In addition, they are continuing to pursue the use of identification screening and more consistent use of metal detectors in member establishments.
To ease the pressure with regard to a number of issues, Barwatch requested it's members as well as other Liquor Primary establishments to voluntarily roll back their hours of liquor service, on a temporary basis, from 4 am to 3 am beginning April 1, 2004 although not all members compiled with this request. However, Council endorsement of Recommendation A would resolve this issue of Barwatch members not complying with the associations voluntary roll-back. As noted previously, the Barwatch Executive is supportive of this Council's initiative on a temporary basis while solutions to the migration and other issues are found and successfully implemented.
FINANCIAL IMPLICATIONS
A fee to recover costs associated with the extended hours of liquor service during the interim policy period was implemented in February 2004. As such, additional fees will be collected for any extensions to hours of liquor service for City festival, but may also result in additional policing and monitoring costs. The shift in hours of liquor service from 4 am to 3 am will result in a reduction of revenues. It is not known at this time how Policing levels will be affected. However, there is an increased probability that revenues will not match or exceed expenses.
SOCIAL IMPLICATIONS
The Director of Social Planning strongly supports the various measures outlined in this report, which are intended to reduce the negative effects of the extended hours, particularly on Granville Street. Vancouver is the only Lower Mainland municipality to experiment with later hours, and Granville Street appears to have become a destination both for people who wish to enjoy the Entertainment District as it was intended, and others who are responsible for the increased fights and other violence, public drinking and nuisance behaviour. The increased violence and high level of activity on Granville has implications both for the long term viability of the Entertainment District and also for the safety and well-being of higher and lower-income residents in the adjacent housing, and for street youth. In this context, the Director of Social Planning believes measures as discussed in this report, could reduce the pressure on Granville.
Responding to the relatively low turnout in the public consultations regarding expanded hours, the Director of Social Planning suggests that better longer-term vehicles are needed to measure the impact of expanded liquor access, and that in future planning exercises for such local areas as Grandview Woodland and Mt. Pleasant, which were not included in CityPlan, include discussions of issues relating to liquor access.
POLICE COMMENTS
There is a positive relationship between extended hours of liquor service and heightened street disorder. The street disorder has frequently included violence such as fights, assaults, stabbings and shootings.
The Police Department supports immediately rolling back 4 am bar closings to 3 am. This should diminish a significant portion of the migration from other areas within the city and from other municipalities. In addition, the extreme drunkenness and related disorderly behaviour exhibited on the street at 4 am should be diminished with one less hour to consume alcohol.
The Police Department does not support expanding the experiment with later bar closing hours until a full review is complete and therefore support Recommendation C.
In the interim, the Police Department will continue to deploy extra police resources in the Entertainment District on Friday and Saturday nights to ensure the public safety. Should Council support extended hours of liquor service on weekday festival nights, the Department will monitor street activity on those nights and will deploy resources as needed to ensure citizens are able to enjoy the festivities safely.
CONCLUSION
This report provides Council with several recommendations relating to hours of liquor service. To reduce impacts of the later hours it is suggested that hours of liquor service in the downtown area be limited to 3 am during the remainder of the interim policy period. It is anticipated that this change will reduce some of the impacts experienced in the downtown, particularly with regard to migration from outlying areas. Further, this report provides Council with the recommendation to support extended hours on specified weekday City festival nights up to 3 am and to not support extended hours in areas of the city outside the original downtown trial period area at this time.
In addition, the report details a number of initiatives that may help reduce the impacts of the later hours of liquor service, including litter reduction, improved traffic circulation in effected areas and increased size of smoking rooms to decrease sidewalk congestion.
Finally, in an effort to find a long-term workable solution for all parties concerned, staff request that Council initiate discussions with the Provincial government to revise LCLB policy to provide the City with greater licensing flexibility.
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