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. * * * * *