Downtown Liquor Licensing Policy - Enforcement Issues and N...

SUPPORTS ITEM NO. 1
CS&B COMMITTEE AGENDA
JULY 11, 1996

POLICY REPORT
URBAN STRUCTURE AND LICENSING

Date: April 26, 1996
Dept. File No. NE

TO: Standing Committee on Planning and Environment

FROM: Directors of Central Area Planning and Permits & Licenses, in
consultation with the Directors of Social Planning and of
Legal Services, Manager of the Housing Centre, Chief
Constable, General Manager of Engineering Services, and
Vancouver Health Board

SUBJECT: Downtown Liquor Licensing Policy -
Enforcement Issues and New Types of Establishments

RECOMMENDATIONS

A. THAT the Director of Permits & Licenses and the Chief
Constable, after consultation with Provincial Liquor
Inspectors, report back on improved enforcement regula-tions
and resources, as proposed in A1 and A2 of this report, to
ensure infractions of liquor regulations can be dealt with in
a timely and efficient manner.

B. THAT the Vancouver Health Board, in consultation with the
Directors of Permits & Licenses, Central Area Planning and
Legal Services, report back with specific recommendations on
the findings of the Noise Task Force with respect to the
measures proposed in B1 to B5 of this report to deal with
noise impacts from licensed establishments.

C. THAT the measures proposed in C1 to C3 of this report be
adopted to increase the City's powers to regulate the hours
of operation and seating capacities of licensed
establishments in or near residential areas.

D. THAT the measures proposed in D1 to D7 of this report be
adopted to deal with the impacts of patrons entering and
leaving drinking establishments.

E. THAT favourable consideration be given to relaxing the one
mile distancing requirement for endorsing several
applications for neighbourhood pubs in Theatre Row, on Robson
Street (Howe to Homer), or Yaletown, subject to a legal
agreement indicating there will be no outdoor patio seating,
amplified music or a dance floor on the premises; and that it
not be operated in conjunction with an adjacent restaurant;

AND THAT the Director of Permits & Licenses, in consultation
with appropriate staff, monitor the impacts of these
establishments and report back on whether additional Class D
licenses should be endorsed under these conditions.

F. THAT Council not support, at this time, proposals to create a
new Provincial licensing class or to amend the Provincial
Class D regulations to accommodate more billiard tables.

G. THAT Council not support, at this time, proposals to amend
Provincial regulations to accommodate liquor licenses for
establishments which enable their customers to participate in
active sports activities on their premises, and that this be
reviewed after the City has secured additional enforcement
powers and amended the Noise By-law as described in this
report.

H. THAT the Director of Central Area Planning, in consultation
with the Directors of Permits & Licenses and of Legal
Services, restaurant owners and the public, report back on
regulating the location of restaurants accommodating more
than about 150 to 200 people.

I. THAT the Directors of Central Area Planning and of Permits &
Licenses, in consultation with the Director of Legal
Services, restaurant owners and the public, report back on
regulations to permit small dance halls or restaurants which
cannot be issued a liquor license but which have live or
recorded music and dance floors for up to 50 people.

J. THAT favourable consideration be given to endorsing one
larger cabaret, up to a maximum of 1,000 seats in a
non-residential area of the downtown, preferably one
identified as appropriate for an entertainment focus, subject
to the applicant providing research from other cities
demonstrating the economic feasibility of such an
establishment, an analysis of the effect it would have on
other entertainment venues in Vancouver, and an analysis and
strategy to deal with any social or neighbourhood impacts.

K. THAT the Directors of Central Area Planning and Permits &
Licenses, in consultation with appropriate staff, report back
with a specific work program and staffing requirements to
implement approved recommendations on liquor licensing and
associated by-law amendments in the downtown, emphasizing the
priorities established by Council.

L. THAT Council acknowledge the work of the Downtown South
Liquor Licensing Task Force and thank its members for the
many hours of voluntary work they have contributed.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of A
through L. These recommendations are the result of a lengthy and
thorough public consultation process, and it would be
inappropriate for me to substitute my eleventh-hour judgment for
this legitimate process. Nevertheless, it would also be
irresponsible if I did not inform Council of my growing concern
with the underlying theme reflected in this report and in several
other recent City initiatives. This report reflects a trend
toward increasing complexity in the City's regulatory environment
and an emphasis on increasingly fine and subtle distinctions among
the subjects of regulation. This increases the cost and
difficulty of administration and enforcement. More importantly,
as complexity and subtleties increase, the basic intent and
rationale for our regulations becomes more remote and difficult
for the public to understand. This acts to devalue the City's
regulatory "currency". People lose respect for regulation which
does not have patently clear purpose and meaning. Ultimately,
this serves to reduce our effectiveness in regulating those things
which really matter.

COUNCIL POLICY

The Central Area Plan adopted by Council in December 1991, calls for
the creation of a central area that has a mix of activities with
quieter neighbourhoods where people live close to more active areas
where people shop and play as well as work; and where the public
streets are the primary scene of public life.

On October 25, 1990, Council placed a moratorium on endorsing new
liquor licenses, increasing seating capacity and extending hours of
operation of existing licensed establishments in Gastown and the
Downtown Eastside (see map in Appendix A).

On May 28, 1992, Council placed a similar moratorium in Downtown South,
subject to development of a liquor licensing policy for the downtown
(see map in Appendix B).

PURPOSE

This report recommends measures to reduce the impacts of liquor
licensed establishments on residential areas of the downtown and
proposes new types of licenses to provide a fuller array of
entertainment opportunities for people who live, work or visit in the
Central Area. A companion report proposes a strategy to reduce the
number of cabarets in the residential parts of Downtown South and to
enhance the Theatre Row Entertainment District. It also identifies
other parts of the downtown which may be appropriate for additional
licensed establishments as part of an entertainment focus.

SUMMARY

More than one-third of the City's 30,000 licensed liquor seats are in
Downtown South, the Downtown Eastside, Yaletown and Gastown, all of
which have long-established or emerging residential communities.
Through the input of the broad-based Liquor Licensing Task Force, a
community survey, and widespread community discussion, there is general
agreement on the following objectives:

- strengthen regulations and enforcement to reduce impacts on
residential areas;
- create a livable residential community in Downtown South;
- allow for a wide array of entertainment uses;
- develop Theatre Row as a late-night entertainment district;
- enhance the entertainment focus for Yaletown, Robson Street east
of Howe, the CBD and the Plaza of Nations;
- permit smaller, quieter "local pubs".

Four basic perspectives summarize the range of options on the essential
question of whether the number of liquor licensed seats should be
increased or not, including:

Perspective 1. Do not increase the number of seats, since this would
lead to an excessive supply, with all the associated
social and economic costs related to alcohol
consumption.

Perspective 2. More seats and a greater variety of establishments are
needed in order to strengthen the downtown's important
local and regional entertainment areas.

Perspective 3. Current regulations are generally working. Making it
easier to get new licenses would be unfair to existing
operators and may result in an increase in poorly
managed establishments.

Perspective 4. Emphasize livable neighbourhoods while allowing some
carefully managed expansion of seats in new types of
establishments in order to balance residential
livability with fostering a lively, dynamic downtown.

Perspectives 2 and 4 were reflected in the opinions expressed by most
members of the general public. Owners of existing licensed established
tended to favour perspective 3, though those who wished to expand the
size of their operations preferred 2. The staff recommendations in
this and the companion report reflect perspective 4.

Specific issues and recommendations in this report include the
following:

A1. In order to improve the enforcement of existing regulations
to better deal with negative impacts, staff recommend a
report back on creating a liquor license coordinator who will
provide information and deal with problem premises,
increasing inspection resources at the local and Provincial
levels, and making better use of existing penalties to
discourage violations.

A2. Strike a joint City/Provincial task force to review outdated
regulations, enforcement procedures, penalties and appeal
procedures.

B1-B5. In order to address chronic noise impacts and complaints,
five recommendations are made to allow noise checks within
buildings, establish allowable noise levels in the
residential areas more closely reflecting levels in
neighbourhoods outside of the Downtown, improve noise
investigation measures and increase fines.

C1-C3. In order to increase the City's powers to regulate hours of
operation and seating capacities, instruct the Liquor
Licensing Commission to meet with Provincial authorities to
enable Council to endorse increased seating or hours of
operation on a temporary basis, to require Council's
endorsement of special events licenses, and to allow for more
timely enforcement on unlawful operations.

D1-D7. Since many of the impacts, especially noise, are generated by
patrons entering and leaving the establishments, staff
recommend continued support of Bar Watch and related
initiatives that would see better coordination among licensed
establishments, as well as more direct and cooperative
problem solving between bars and adjacent residents.
Cabarets should remain open until 3:00 a.m. (no liquor served
after 2:00 a.m.) in order to spread out the number of exiting
patrons; late-night transit and private transportation
services should be expanded, and a better system of
monitoring licensed premises should be put in place.

Recommendations are also made to introduce a new class of "local pub"
which would have a small seating capacity, and no outdoor patio or
amplified music. This concept was strongly supported through the
survey, although a cautious approach to implementing this policy is
suggested.

Staff endorse the status quo regarding the number of pool tables
allowed in existing Class D pubs, since there is enough "capacity" for
additional pool tables in restaurants and hotels.

Staff also agree, at this time, with the Province's conclusion that it
would be inappropriate to approve licenses for a new generation of
venues offering simulated sports activities.

Under existing regulations and procedures, existing restaurants may
apply directly to the Province for a liquor license, and may then serve
liquor until 2:00 a.m. Since some large licensed restaurants have
significant impacts on the surrounding neighbourhood, staff recommend a
report back on provisions to regulate the location of restaurants
accommodating more than about 150 to 200 people.

There has been considerable interest in creating small venues for
dancing, which would have live or recorded music, but where liquor is
not served and which would be closed by midnight. Since the idea of
small dancing venues has merit, and would not likely result in
significant neighbourhood impacts, staff recommend a report back on
appropriate regulations to implement this.

New cabarets are allowed to have a maximum of 350 seats. Staff
generally endorse this limitation, but suggest that one larger cabaret
with up to 1,000 seats, be considered in the downtown, subject to
analysis demonstrating the economic feasibility, market demand, and
potential impacts on other venues and the surrounding area. Having a
large cabaret will fill a vacant niche in Vancouver's entertainment
community, and was generally supported by survey respondents.

BACKGROUND

There are almost 30,000 licensed liquor seats in Vancouver's hotels,
cabarets and neighbourhood pubs. Appendix C describes the permitted
hours of operation, seating capacities and other key regulations
associated with each of these types of establishments. It also shows
where they are located and indicates that more than 10,000 of the
downtown's 20,000 licensed seats are in Downtown South, the Downtown
Eastside, Yaletown and Gastown. These are all areas with long
established and/or emerging residential communities.

Downtown South Liquor Licensing Task Force

As part of the Downtown South Community Planning process, in January
1993, Council formally approved the Terms of Reference for a Liquor
Licensing Task Force to:

1. recommend measures to minimize the impacts of liquor licensed
establishments on existing and future residential areas;

2. review the locational requirements of smaller drinking places in
regard to the demand for such facilities;

3. consider ways to relocate existing cabarets from the residential
areas of Downtown South into more appropriate commercial
district(s);

4. recommend measures to upgrade or transform some existing hotel
pubs while protecting Single Room Occupancy (SRO) housing units;

5. recommend areas where the moratorium on new licensed
establishments could be lifted in the interests of establishing a
successful entertainment focus in Downtown South, probably on
Granville Street; and

6. review other possible areas where an entertainment focus could
include liquor licensed establishments, giving consideration to
Robson Street, Davie Street and the Yaletown Historic District;

Topics 1 and 2 are discussed in this report. Topics 3 to 6 are
addressed in the companion report. The Task Force was made up of representatives from different parts of
the industry: hotel pubs, restaurants, cabarets and neighbourhood pubs.
Also included were unions representing hotel bartenders, restaurant
workers and musicians, as well as local residents and businesses, the
Downtown Vancouver Association, the Vancouver City Planning Commission,
the Yaletown Business Association, the Theatre Row Business
Association, the Downtown South Redevelopment Impacts Committee and the
Downtown Granville Tenants Association. City staff from Planning,
Permits & Licenses, Social Planning, Police, Housing and Health also
provided input. Participants are listed in Appendix D.

In July 1993, staff and the Task Force presented preliminary findings
to Council and recommended that more than 35 proposals be the subject
of a wide public discussion (see Appendix E).

The Task Force was instrumental in developing the initial set of ideas
for new policies and helping prepare a public survey. It reviewed the
public response to the preliminary recommendations in June 1995 and a
preliminary draft of this report in April 1996. The Task Force's
diverse membership reflected the range of opinions expressed in the
public process. Given the difficulty of reconciling fundamentally
different perspectives on some issues, no attempt has been made to
achieve consensus. Some Task Force members have provided written
comments on the staff recommendations in this report; others will
address Council directly.

Recent Council Decisions

Since July 1993, Council has made many decisions consistent with the
overall direction laid out in the preliminary policy report. These
include approving in principle the creation of a Theatre Row
Entertainment District on the 700 to 900 Blocks of Granville Street,
and upholding the moratorium for new licensed establishments in
Downtown South until an overall policy could be completed. In
addition, Council has endorsed licenses at the Vogue Theatre, Commodore
Ballroom and Yaletown Brewing Pub to help maintain the entertainment
focus and historic character of Theatre Row and Yaletown. Council has
given favourable consideration to new seats in potential entertainment
areas away from housing at the St. Regis Hotel, the Ford Theatre and
G.M. Place. Council has also helped reduce the impact of existing
facilities by supporting proposals to convert 225 cabaret seats to a
65-seat neighbourhood pub in a residential building at 871 Beatty, and
to allow more seating at the Roxy Cabaret in exchange for an agreement
to soundproof and secure affordable low income housing in the Siesta
Hotel. Finally, the City has opened community police offices on
Granville Street and on Pacific Boulevard, and assisted the efforts of
Bar Watch, a voluntary association of licensed establishments, with the
goal of reducing the impacts of their customers.

Public Process and Responses

Copies of the July 1993 report or its summary were distributed to
hundreds of interested people throughout the city. Several
well-attended public meetings were held in 1995. Staff discussed the
proposals with organizations, including the Theatre Row Business
Association, Downtown South Redevelopment Impacts Committee, Downtown
Granville Tenants Association, Yaletown Business Association, and
Gastown Historic Area Planning Committee. Written submissions were
received from more than 20 individuals and organizations. An opinion
survey, prepared with input from the Task Force, was distributed to
most households and businesses in Downtown South and Yaletown and
completed by over 175 people who live, work or visit in the downtown.

Copies of written submissions are on file with the City Clerk. The
results of the survey are attached in Appendix F. This material was
reviewed by Council at a July 1995 workshop. It indicates, there was a
great deal of agreement among respondents concerning overall
objectives, including:

- strengthening regulations and enforcement to reduce the impacts of
licensed establishments on residential areas;

- creating a livable residential community in Downtown South;

- allowing for a wide array of vibrant entertainment uses for
downtown residents, workers and visitors;

- developing Theatre Row as a late-night entertainment district;

- enhancing the entertainment focus for Yaletown, Robson Street
(East of Howe), the Central Business District and the Plaza of
Nations; and

- permitting smaller, quieter "local pubs."

However, at a more detailed level of strategy and priorities, the
responses were considerably more varied, reflecting different types of
underlying assumptions about which public and private objectives are
most important, how impacts can best be addressed, and how
opportunities can best be advanced. It may be helpful to categorize the
four main perspectives as:

Perspective 1: Do not increase the number of licensed seats.

This perspective assumes there already are a large number of licensed
seats, and that more establishments will encourage over-consumption of
alcohol. This in turn will create costs to the public in terms of
increased health care, ambulance service and policing, as well as
family violence, drunk driving and more noise and vandalism. People
who share this perspective generally feel they have been affected by
existing establishments or their patrons. It is also held by some of
the agencies which deal with problems associated with alcoholism.

Perspective 2: Entertainment should be given priority in the downtown
of a growing region.

This perspective assumes that the downtown has traditionally been the
focus for pubs and cabarets for Greater Vancouver, and that it is
reasonable for people who choose to live in the downtown to anticipate
there will be some impacts. More seats and different kinds of
establishments are needed to accommodate a growing and more diverse
population. Restricting the number of new seats results in fewer
choices for the public, gives existing owners an unfair competitive
advantage, thereby discouraging better management which would help
drive out poorly run establishments. This view is likely held by many
of those who enjoy Vancouver's night life, who have had to wait in line
to get into crowded pubs and cabarets, or who want a wider variety of
drinking places. Similarly, people who have not been severely affected
by existing establishments but who support a greater variety of
entertainment options, may support this option. It is also shared by
those interested in starting new licensed businesses or expanding what
they can do with existing licenses.

Perspective 3: Existing establishments should be given special
consideration and be allowed to remain.

This perspective assumes that Provincial and City regulations have
resulted in a relatively stable economic climate for the industry. To
disrupt this system and add a large number of new licenses would give
new firms an unfair advantage. It could also result in an over-supply
of seats, with more poorly managed establishments trying to survive by
over-selling and/or dramatically reducing their prices. Regulations
should be strengthened to crack down on poorly managed operations. The
industry should cooperate with the Police and community to reduce
negative impacts. This perspective is shared by many owners of
existing pubs and cabarets, and some of the unions which represent
their workers.

Perspective 4: The priority should be to create livable neighbourhoods
allowing some carefully managed expansion of seats and
new types of establishments.

This perspective assumes that the City's primary goal should be to
attract many new residents to the downtown, where they can experience a
high quality of life, including being near many employment and
entertainment opportunities. It is important to strengthen enforcement
procedures and cooperative arrangements with the industry to quickly
deal with poorly managed establishments and customers who create
impacts. The liquor related businesses need a clear indication of
where they are welcome and where they are not. It will likely be
necessary to relocate larger, louder and late-night establishments away
from residential areas. Any increase of seating should be done
gradually and with assurances that there are public benefits which
outweigh potential negative impacts. This view is shared by City staff
and by many residents who have participated in community planning
processes.

DISCUSSION

This section provides further analysis of the issues considered by the
Task Force report, and identifies key policy recommendations and
choices for the following key objectives:

Objective 1: Minimize impacts of licensed establishments on
neighbourhoods.

Objective 2: Consider new types of neighbourhood pubs and other
establishments.

It will become obvious that there are many problems and issues
associated with each objective. However, it is important to note that
most licensed establishments in Vancouver's downtown are well run and
contribute positively to the city's economy and vitality.

OBJECTIVE 1: MINIMIZE THE IMPACTS OF LIQUOR LICENSED ESTABLISHMENTS
ON NEIGHBOURHOODS.

Here is an overview of the problems:
- creating artificial line-ups to attract additional customers;

- allowing customers with poor behaviour to remain in the line up
and to enter premises;

- overcrowding above that for which they are licensed or over the
Fire Marshall's life-safety limits;

- amplifying music so loudly that it affects residents within the
building or in nearby housing;

- ventilating premises by opening doors or windows so that noise
affects neighbours;

- selling alcohol to people who have had too much to drink;

- turning a blind eye to the sale of illegal drugs or stolen
property;

- creating an atmosphere that contributes to fighting within the
establishment;

- remaining open or selling alcohol after permitted hours;

- employing poorly trained or inexperienced security staff; and

- attracting patrons who consistently impact neighbours when they
leave the premises by making loud noise, urinating outdoors,
vandalizing or stealing private or public property, fighting or
driving while intoxicated.

Issues and Recommendations

Issue A: Enforcement of existing regulations and appeal procedures are
time consuming; penalties are weak

The impacts of poorly run drinking establishments usually go on for
months and sometimes years - often without positive resolution.

The Vancouver Bar Study carried out by Greg Sayville and Paul Wong, in
cooperation with City staff, is on file with the Clerk. It indicates
these impacts result in a strong relationship between number of
licensed seats in an area and calls for police services. The gathering
of evidence to document these impacts is
expensive for staff and time-consuming for neighbours. The Provincial
Liquor Control and Licensing Branch generally issues minor license
suspensions, and these are often successfully appealed or delayed.
Currently, the City's main control is the show-cause hearing to suspend
or revoke a business license. But this too is a costly and
time-consuming process.

There are a number of issues that need to be addressed to help rectify
these problems. All members of the Task Force, including industry
representatives, agreed that there is a need to increase the City s
enforcement powers to more quickly curtail the impacts of poorly
managed licensed establishments. This was also supported by over 85%
of people who responded to the survey and by many of those who
participated at public meetings.

Staff recommend the following measures to address this issue:

A1. THAT the Director of Permits & Licenses, in consultation with
appropriate City and Provincial enforcement agencies, report back
with ways to ensure better co-ordination of enforcement resources
so that licensed establishments which are having significant
negative impacts on their neighbours are dealt with under existing
regulations in a timely manner, and include recommendations to:

a) determine the need and source of funding for a coordinator
who would monitor problem premises, coordinate evidence,
interview new licensees and provide liquor license
information;

b) provide funding for evening and weekend inspections by the
Property Use Inspectors to allow for joint inspections with
the police;

c) ask the Province to provide additional Liquor Control and
Licensing Branch Inspectors to ensure adequate monitoring of
licensed premises (currently one inspector covers the
Gastown, Downtown Eastside and Downtown South areas); and

d) ask the Province to use the current provisions to role back
hours or reduce seating on problem premises in or near
residential areas.

A2. THAT a joint City and Provincial task force be struck to review
existing regulations and appeal procedures, in consultation with
the Union of BC Municipalities (UBCM), the industry and general
public, to ensure that:

a) outdated regulations are eliminated or revised, so
enforcement can focus on significant issues of life-safety,
health, and neighbourhood impacts;

b) the evidence required to document infractions is obtainable
in a reasonable period of time;

c) penalties are strong enough to discourage infractions;

d) appeal procedures cannot be abused to minimize the
effectiveness of penalties; and

e) an establishment which repeatedly incurs serious infractions
can have its license cancelled, and that its premises must be
re-approved by the City and the Province, should another
operator apply for a new license.

Issue B: Noise from licensed establishments affects nearby residents

In 1995 the Vancouver Health Department investigated 238 music- related
noise complaints. The City's Noise By-law establishes maximum noise
levels (decibel ratings) based on the type of activities in a
particular area. These are categorized as
"activity", "intermediate" and "quiet" zones as a consequence of the
area's commercial, mixed use or residential usage. The first two
designations are applied in different parts of the downtown, while the
quiet designation is reserved for residential neighbourhoods outside
the downtown. The decibel levels permitted in the intermediate zone
have proven to be too loud for residents living near late-night
entertainment. In addition, the Noise By-law requires noise be
measured at the property line and does not regulate noise transmitted
internally from one part of a building to another.

The noise issues listed below have been referred to the Council
appointed Noise Task Force for possible inclusion in its
recommendations to Council. Staff recommend that the Vancouver Health
Board, in consultation with the Directors of Central Area Planning,
Permits & Licenses and of Legal Services, report back on the findings
of the Noise Task Force with respect to the following:

B1. THAT the Noise By-law be amended to enable decibel level readings
to be taken within a building and that property owners be required
to provide adequate soundproofing to prevent noise generated
within a building from affecting residents in other parts of that
building.

B2. THAT a new set of decibel levels be established for the
residential areas of the downtown which would result in residents
being exposed to lower decibel levels at nights, possibly the same
quieter standards as residential areas outside the downtown after
12:00 midnight.

B3. THAT all new licensed establishments within 50 metres of
residential uses be designed to preclude the need to open doors
and windows for ventilation, and so sound does not affect neighbours when patrons enter or leave the premises; in addition,
existing licensed establishments be encouraged to meet these
design standards.

B4. THAT the approval of a licensed facility to use amplified sound be
conditional upon satisfactory mitigation of noise on the
surrounding area, and that the City be empowered to cancel this
approval for establishments which are consistently affecting their
neighbours.

B5. THAT the minimum fine for creating noise impacts in residential
areas be increased to $200 per incident, and that an establishment
which consistently violates the by-law face a show-cause hearing
wherein it may lose its license or ability to amplify music.

Issue C: The city has very limited power to reduce hours of operation
or seating capacity.

Under current procedures, the Provincial Liquor Control and Licensing
Branch requests the opinion of Council concerning the maximum seating
and hours of operation for new establishments and for existing licensed
businesses which apply to increase their capacity. The Province can
also issue special event licenses to temporarily expand seating
capacity without input from the Director of Permits & Licenses. Some
cabarets receive approval for as many as 100 additional seats or more
on a regular basis.

Staff recommend the following measures to address this issue:

C1. THAT the Vancouver Liquor Licensing Commission, in consultation
with the Directors of Legal Services and of Permits & Licenses,
and the UBCM, enter into discussions with the Province to enable
Council to endorse hours of operation and seating capacity, on a
temporary basis, for establishments located in or near residential
areas, and to be able to expand these, if an establishment
demonstrates that it is well-managed; or to reduce them, if the
establishment creates negative impacts.
C2. THAT the Vancouver Liquor Licensing Commission, in consultation
with the Directors of Legal Services and of Permits & Licenses,
and the UBCM, enter into discussions with the Province to enable
Council to endorse or to refuse applications for licenses for
special events lasting more than one day, and for premises holding
more than one special event per quarter (i.e. 90 days).

C3. THAT if a licensed establishment, which is non-conforming to the
Zoning and Development By-law, has been discontinued for more than
90 days, the Director of Permits & Licenses will notify the Liquor
Control Licensing Branch that the status of non-conforming use has
been lost, and that staff will take action on what has become an
unlawful activity.

Issue D: Some patrons entering and leaving drinking establishments
have impacts on nearby housing

Drinking establishments have only limited legal responsibilities for
the behaviour of their customers outside their premises. However, they
can be encouraged to carry out some measures and required to carry out
others which can significantly reduce the likelihood of neighbourhood
impacts.

The Police Department has the following comments on this issue:

"With the Department's move toward Community Based Policing and
District One's (Central Business District, Yaletown, Downtown
South and the West End) implementation of its Neighbourhood Patrol
Officer and community advisory councils, a very effective series
of partnerships have been forged with all elements of this very
complex area of our city.

It is this reality (and its product - community offices and
community action groups) which will allow for a move toward a
Theatre Row Entertainment District and a cautious, carefully
planned expansion of licensed establishments in what is becoming a
European Strasse.

It is our position that enhanced partnerships, coupled with the
ability to deal quickly and efficiently with those businesses
which set themselves above the "Community Good", will prevent
problems from becoming acute through effective and meaningful
dialogue."

Based on the above, staff recommend the following measures to address
this issue:

D1. THAT the City continue to work with Bar Watch, a voluntary
association of licensed establishments which shares information
about the behaviour of difficult customers, and to encourage Bar
Watch to form organizational linkages with local community and
business groups.

D2. THAT licensed establishments be encouraged to work directly with
their neighbours to resolve outstanding issues and that the City
continue to support cooperative arrangements which result in
public benefits (e.g. the intention of the Roxy Cabaret to provide
soundproofing and secure rents for the residents of the Siesta
Hotel).

D3. THAT the Downtown Integrated Services Team develop a strategy to
discourage the practice of creating artificial lineups outside of
licensed premises and to encourage establishment owners to work
cooperatively with surrounding residents and property owners to
adjust the location and management of lineups to minimize impacts.

D4. THAT the Liquor Control and Licensing Branch continue to require
cabarets to stop serving alcohol and providing amplified music and
dancing by 2:00 am, but allow cabarets to remain open until 3:00
am., to reduce the number of patrons exiting onto the street at
one time.

D5. THAT Engineering Services initiate discussion with liquor industry
associations, BC Transit and operators of private transportation
services to investigate the possibility of more comprehensive
late-night transportation alternatives.

D6. THAT the Vancouver Health Board be requested to examine existing
services for alcoholism and to report back, in consultation with
the Director of Social Planning, on a strategy, including funding
alternatives, for treatment services in the downtown.

D7. THAT the Chief Constable, in consultation with the Director of
Social Planning, Bar Watch and local residents, report back on a
strategy, including sources of funding if needed, to monitor and
address the impacts of patrons leaving drinking establishments in
or near residential areas after 12:00 midnight.

OBJECTIVE 2: NEW TYPES OF ESTABLISHMENTS

The need to consider several new types of establishments has been
raised in public discussion of the July 1993 report. These include the
following:

- "local pubs"
- licensed billiard parlours
- active sports pubs
- large restaurants
- small dance halls or restaurants
- larger cabarets

Issues and Recommendations

Issue E: "Local Pubs"

The Downtown South Liquor Licensing Task Force was asked to address a
concern that there are a limited number of smaller licensed
establishments where customers can order an alcoholic beverage without
ordering a meal. The Class D license for Neighbourhood Pubs was
created in the 1970s to help meet this need. These generally have the
following characteristics:

- maximum of 65 indoor seats, plus 20 outdoor patio seats;
- food preparation facilities on site;
- not required to serve food with drinks;
- can have amplified music and dancing;
- located in residential areas;
- contain no other uses in building;
- demonstrate community support through a formal polling of nearby
residents and property owners; and
- not permitted within one mile of another neighbourhood pub or
hotel containing a pub or lounge.

The Task Force proposed a new type of "local pub" which would
accommodate about 40 to 65 seats, with no outdoor patio, amplified
music or dancing. This concept was support by 75% of those responding
to the survey.

Many small restaurant owners would like an opportunity to serve beer or
wine without meals, during all or a portion of the day. The
Neighbourhood Pub Owners Association has expressed strong opposition to
any such changes to the regulations. They believe it would provide
unfair competition and lead to a large number of poorly managed
drinking places.

Staff also have concerns about significantly increasing the number of
licensed seats in the downtown, especially before there are stronger
enforcement tools. However, Council does have the power to relax the
formal polling requirement and can endorse proposals for Class D
licenses with specific restrictions.

Staff recommend the following:
E1. THAT favourable consideration be given to relaxing the one mile
minimum distancing requirement for endorsing several applications
for Class D "local pubs" on Theatre Row, Robson Street (Howe to
Homer), or Yaletown, subject to a legal agreement indicating there
will be no outdoor patio seating, amplified music or a dance floor
on the premises, and that it will not be operated in conjunction
with an adjacent restaurant.

E2. THAT the Director of Permits & Licenses, in consultation with
appropriate staff, monitor the impacts of these establishments and
report back on whether additional Class D licenses should be
endorsed under these conditions.

Issue F: Licensed Billiard Parlours

Owners of Yaletown billiard parlours have requested changes to
Provincial regulations to enable them to serve liquor. Class D
neighbourhood pubs can accommodate up to 2 or 3 pool tables, but this
is less than the owners feel they need. Class A lounges can
accommodate enough tables. The Sharks Club at the Sandman Inn is a
recent successful example. However, there are few existing lounges
available in Yaletown and it is unlikely new hotels will be built
there.

The Province has changed its regulations to permit a portion of a
premises to be a licensed restaurant and another portion to be used for
billiards. However, alcoholic beverages cannot be served or carried
into the billiards area.

The opinion survey indicated about half the respondents favoured
special licensing for billiard parlours - with strong support from
Yaletown business people and outside residents and strong opposition
from Yaletown residents.