SUPPORTS ITEM NO. 3
VLLC AGENDA
NOVEMBER 9, 1995
ADMINISTRATIVE REPORT
November 3, 1995
TO: Vancouver Liquor Licensing Commission
FROM: The Chief License Inspector, in consultation with the City
Clerk, as Coordinator of the CCST, Director of Environmental
Health and the Chief Constable.
SUBJECT: 99 Powell Street, Senorita Frogs
(also known as Club NRG)
RECOMMENDATION
THAT the Vancouver Liquor Licensing Commission recommend Council
hold a Show Cause Hearing regarding the business license to operate
a cabaret at 99 Powell Street.
CITY MANAGER'S COMMENTS
The City Manager RECOMMENDS approval of the foregoing.
COUNCIL POLICY
Section 278 of the Vancouver Charter states:
"The Chief License Inspector may, in any case, recommend to Council
in writing the suspension or revocation of any license setting out
the reasons for such recommendation. The Council shall not suspend
or revoke the license without previous notice and an opportunity to
be heard being given to the holder thereof, except when by
reasonable efforts the holder cannot be found."
PURPOSE
This report provides the Commission with information on the cabaret at
99 Powell Street and identifies concerns related to the management
practices of the cabaret's owners, who operate and manage the business.
BACKGROUND
The current owner, Big Star Investments Inc., represented by Mr. Jinah
and Mr. Jhajj, purchased the club and began operations under the name
Senorita Frogs, in mid-1994. Shortly thereafter, residents in the
neighbourhood, especially residents of the apartments above and adjacent
to the club, started complaining to the Police Department about loud
music coming from the club, large numbers of patrons arriving by bus,
drinking and drug activity by patrons outside the premises. Also, there
were complaints that club bouncers were not properly handling problem
patrons and were becoming involved in disturbances.
This issue was first brought to the attention of the Vancouver Liquor
Licensing Commission at its November 3, 1994 meeting. Having heard
representations from the owners of the cabaret, residents and business
representatives from the area and staff, the Commission instructed staff
to monitor the management practices.
The Chief License Inspector met with the club owners/managers on
December 6, 1994, and outlined the City's concerns. The owner's agreed
to operate the club within a set of written guidelines, which included
proper control of patrons, no overcrowding, and use of the rear entry
door for emergencies only (Appendix A attached).
The Chief Constable and the Director of Permits & Licenses provided a
status report to the Commission in December. In response, the
Commission resolved to advise the operator of the club that if the
management did not improve within two months, the Commission would
recommend that Council hold a Show Cause Hearing. Staff were requested
to continue monitoring the operation.
On January 12, 1995, the club was placed on two months' probation and
staff were asked to continue monitoring the operation. There was some
improvement in the operation of the club during this period.
During March and April 1995, the Assistant City Manager, at the request
of the Commission, met with the owner of the club, the building owner,
the neighbours and City staff on two occasions to explore a resolution
to concerns around management of the club, as complaints had again
increased. The outcome was the owners agreed to certain actions and
conditions (Appendix B attached).
DISCUSSION
Members of the Commission and staff continue to receive complaints from
neighbours. In an effort to resolve the situation, on September 14,
1995, the Police convened a meeting between the owner of 99 Powell
Street, the owner of the cabaret, Liquor Control & Licensing Branch
inspectors, health inspectors and residents of the area. The owner of
the cabaret was advised management of the club must improve
significantly (Appendix C attached). Also, in an effort to mitigate the
negative impact of the noise on the residents, the health inspectors
offered to work with the licensee.
Following the meeting, staff continued to receive calls from neighbours
complaining of the continuance, and at times, escalation of the negative
impacts from this operation. The Chair of the Commission received a
number of phone calls and letters requesting the City to take action in
this matter.
As a result, the following actions were taken:
- The health inspector continued his work with the club's management
to resolve the problem of the negative impact of music noise on the
residents of Alexandra Lodge directly above (see Appendix D
attached).
- The Police Duty Officer observed the activities at the Club on the
weekend of October 27-30, 1995 (Appendix E attached).
A meeting of the CCST was held on November 2, 1995, to review the
situation. At that meeting, the health inspector submitted a report
advising recent noise level readings lead to the conclusion the club
management has not made any noticeable effort to correct the problem as
outlined in Appendix B.
A Police representative confirmed the information provided by the Duty
Officer and advised the behaviour of the club's patrons and the poor
management of the club continue to be a drain on police resources (36
calls between September 14 - October 31). On the October 27 and 28,
1995 weekend, Police observed over 450 patrons in the cabaret. The
doorman stated there were approximately 375 patrons, even though the
permitted capacity is 225.
A LC/LB inspector present at the meeting advised he was addressing
problems his agency has with the management, including an unauthorized
change of name to NRG.
CONCLUSION
Despite the Commission's and staffs efforts persuade the owners to
improve the management of the club, the problems continue. Management's
failure to address problems with the resultant negative impact on the
neighbours has led staff to recommend the Commission request Council to
hold a Show Cause Hearing on the business license to operate a cabaret
at 99 Powell Street.
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