CITY OF VANCOUVER
VANCOUVER LIQUOR LICENSING COMMISSION
November 9, 1995
A Regular Meeting of the Vancouver Liquor Licensing Commission was
held on Thursday, November 9, 1995 at approximately 7:30 p.m. in
Committee Room No. 2, third floor, City Hall.
PRESENT: Councillor Kennedy, Chair
Councillor Hemer
Councillor Ip
Councillor Kwan
ALSO PRESENT: Insp. Gary Greer, Vancouver Police Department
Maria Kinsella, City Clerk
Cst. Russ Foster, Vancouver Police Department
Paul Teichroeb, Deputy Chief License Inspector
CLERK: Steve Kautz
Power to Act
On January 11, 1994, Council by the required majority, granted the
Commission Power to Act on all unanimous decisions. The decisions of
the Commission contained herein are unanimous and, therefore, stand
approved.
Adoption of Minutes
The Minutes of the Vancouver Liquor Licensing Commission meeting of
September 14, 1995, were adopted as circulated.
1. 3681 West 4th Avenue - Jeremiah's Pub File: 2614-11
Class 'D' Neighbourhood Pub - Change of Hours
The Commission had before it an Administrative Report dated October
11, 1995 (on file), in which the Deputy Chief License Inspector
presented for consideration an application by Jericho Pub Inc., doing
business as Jeremiah's Pub, for a change of hours. The application is
for an extension of the Neighbourhood Pub's closing time on Fridays and
Saturdays from 12:00 midnight to 1:00 a.m.
cont'd....
Clause No. 1 (cont'd)
Mr. Paul Teichroeb, Deputy Chief License Inspector, reviewed the
report and commented on the nature of the surrounding neighbourhood as
older one and two-family dwellings, apartment buildings and multiple
conversion dwellings. Mr. Teichroeb noted the Pub does not offer live
entertainment, but rather television and background music. The Pub has
101 seats.
The report provided that the Police Department and the
Environmental Health Division had no objections to this application, as
the Pub is not a source of complaints or enforcement problems.
The report provided that the Planning Department, Social Planning
Department and the Housing Centre were generally opposed to the
application on the basis of noise concerns and effects on the immediate
neighbourhood.
The applicant had submitted 152 form letters in support of the
application. There were also six individual letters in support received
by the City Clerk's Office. Two letters and two phone calls opposed to
the application were also received. Although not all from within the
referendum survey area, the letters originated from the general
neighbourhood.
Mr. Bert Hick, W.A.E. Hick & Associates, representing the
applicant, requested that the Commission waive the requirement for a
referendum on the basis that the applicant was prepared to enter into a
legal agreement for a six-month or one-year trial period for the
extension of hours. If, after the trial period, the extension of hours
was not to the satisfaction of the Commission, the applicant would be
willing to undertake to roll-back the hours of operation.
Mr Barry Mittlestead, owner, advised the reason for seeking the
change in hours of operation was to serve his existing customers who
find it inconvenient his Pub closes at midnight on Fridays and Saturdays
and in many cases are forced to drive or walk to other establishments
that have later closing hours. He felt that a change in hours would not
affect the numbers or type of clientele at his Pub. He felt the
considerable cost of conducting a referendum, estimated at $10,000 plus
additional costs for preparation, is not warranted for the small change
requested.
cont'd....
Clause No. 1 (cont'd)
Mr. Teichroeb commented on the proposal for a temporary extension
of hours and noted that the Commission does not have the power to roll-
back hours of operation as it is within the purview of the Liquor
Control and Licensing Branch. The Branch would also require substantive
reasons to roll-back hours.
Commission members, although generally supportive of flexible
arrangements for hours of operation, agreed that such an undertaking was
beyond the power of the Commission. If Mr. Hick is able to develop an
agreement satisfactory to the Branch and the City, the Commission would
be willing to revisit this matter. In the interim, the Commission
agreed to consider the requirement for a referendum, as presented in the
report.
The following motion by Councillor Hemer was put and CARRIED.
Therefore, the Commission
RESOLVED
THAT consideration of the request by Jericho Pub Inc., for a change
of hours on Fridays and Saturdays at the Class 'D' Neighbourhood
Pub at 3681 West 4th Avenue, be subject to the results of a
referendum conducted in accordance with existing City guidelines.
2. Update on Licensed Premises within the File: 2610-2
Downtown Eastside to September 30, 1995
The Commission had before it an Administrative Report dated October
30, 1995 (on file), in which the Chief Constable provided an overview of
problems and issues, status of enforcement and other activities
pertaining to licensed premises within the Downtown Eastside. The
report noted a total of 12 liquor or business licenses had been
suspended a total of 16 times in the Downtown Eastside since the
beginning of 1992.
Inspector Gary Greer, Vancouver Police Department, reviewed the
report and noted that while the cabaret at 99 Powell Street is mentioned
in the report, more substantive information on this premise is provided
in another report before the Commission this meeting. Inspector Greer
also noted that in addition to the summary information contained in the
report, the Dominion Hotel has
cont'd....
Clause No. 2 (cont'd)
recently been given a five-day suspension for service of alcohol to a
minor. The Drake Hotel will be called to a hearing before the Liquor
Control and Licensing Branch regarding improper table dancing and may
face a seven-day suspension in this regard. The Columbia Hotel has been
sold and is under new management as the New Columbia Hotel.
Inspector Greer further commented on the practise of repouring
alcohol and efforts at enforcement of the Liquor Control and Licensing
Act provisions against this practise. He also noted that the report's
references to cigarette seizures regarded cigarettes where duty and
taxes were not paid.
The incidents outlined in the report had been communicated to the
Liquor Control and Licensing Branch.
The following motion by Councillor Ip was put and CARRIED.
Therefore, the Commission
RESOLVED
THAT the Administrative Report dated October 30, 1995, updating the
Commission on the licensed premises in the Downtown Eastside to
September 30, 1995, be received for information.
* * *
The meeting adjourned at approximately 8:45 p.m.