SUPPORTS ITEM NO. 6
VLLC AGENDA
JULY 25, 1996
ADMINISTRATIVE REPORT
Date: July 9, 1996
TO: Vancouver Liquor Licensing Commission
FROM: City Clerk
SUBJECT: Class 'D' Neighbourhood Pub - 871 Beatty Street
472120 B.C. Ltd. - Referendum Results
RECOMMENDATION
THAT the Vancouver Liquor Licensing Commission advise the General
Manager, Liquor Control & Licensing Branch, it supports the
application by 472120 B.C. Ltd. for a Class 'D' Neighbourhood Pub
(Public House) liquor license for the premises located at 871
Beatty Street, having considered:
a) the support of the residents and business operators of the
community, as expressed through the results of a
neighbourhood referendum;
b) the proximity of the establishment to other social facil-
ities and public buildings;
c) traffic, road access and availability of parking, and
d) noise and appearance of the proposed establishment;
AND FURTHER THAT the endorsement of this application be subject
to the conditions this development NOT include an outdoor patio
nor off-premise liquor sales, and the existing Class 'C' Cabaret
license for this site be cancelled.
CITY MANAGER'S COMMENTS
The City Manager RECOMMENDS approval of the foregoing.
COUNCIL POLICY
(1) All new Class 'D' Liquor license applications 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 472120 B.C. Ltd. for a Class 'D' Neighbour-hood Pub for the
premises located at 871 Beatty Street and to recommend, as a result of
the findings of this referendum, the application be approved.
BACKGROUND
472120 B.C. Ltd. has applied to the Provincial Liquor Control and
Licensing Branch and the City for permission to operate a Class 'D'
Neighbourhood Pub at 871 Beatty Street. The proposed development will
replace the existing Cabaret, which has operated at this location
since 1983 and will result in the reduction of the number of licensed
seats from 225 to 65.
The Vancouver Liquor Licensing Commission considered this application
on October 6, 1994, and resolved that consideration of the application
be subject to the results of a referendum, conducted in accordance
with existing City guidelines. The Commission also resolved that, if
approved, the development not include an outdoor patio nor off-premise
liquor sales.
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, March 6, 1996, at
the Vancouver Public Library, Library Square, attended by
approximately 10 residents and business operators drawn from the area
of the proposed development. The meeting was chaired by the Deputy
City Clerk, who also 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. There was general support expressed for the proposed
development on the understanding the Neighbourhood Pub would replace
the existing Cabaret.
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 April 8 to May 7, 1996.
The referendum company has submitted its report of the referendum 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) 350 (78.0%) Valid
'No" ballots (opposed) 99 (22.0%) Spoiled
ballots 11
Total ballots received 460 Total
ballots issued 904
Ballot Response Rate 50.9%
The full report prepared by the referendum company is on file at the
City Clerk's Office.
APPEAL OF THE REFERENDUM
There have been no appeals filed with regard to the conduct of this
referendum.
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 well in excess of this requirement
(78.0% 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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