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CITY OF VANCOUVER
VANCOUVER LIQUOR LICENSING COMMISSION
Minutes, September 26, 1996
A regular meeting of the Vancouver Liquor Licensing Commission was
held on Thursday, September 26, 1996, at approximately 7:30 p.m. in
Committee Room No. 2, Third Floor, City Hall.
PRESENT: Councillor Kennedy, Chair
Councillor Hemer
Councillor Ip
ABSENT: Councillor Kwan (Leave of Absence)
ALSO
PRESENT: Judy Rogers, Deputy City Manager
Paul Teichroeb, Deputy Chief License Inspector
Nathan Edelson, Planner, Central Area Planning
Inspector Dave Jones, i/c District 1,
Vancouver Police Department
CLERK: Rae Wylson
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
July 25, 1996, were adopted as circulated.
1. Requested Update on Licensed Premises within File: 2610-3
the Downtown Eastside to August 27, 1996
The Commission had before it an Administrative Report dated August
27, 1996 (on file), in which the Chief Constable provided the Commission
with an ongoing overview of problems and issues concerning licensed
premises, and the status of any enforcement or other activities.
License suspensions and other observations were included from January
1994 to date.
cont'd....
Clause No. 1 (cont'd)
Members of the Commission expressed appreciation for the table
format used in this report.
Discussion ensued between the Commission and Inspector Dave Jones
concerning the table format. The following revisions were agreed upon
for future reports:
- as no activities were noted during 1992 and 1993, these rows will
be deleted;
- to maintain the five-year perspective, it will be noted there were
no activities for 1992 and 1993;
- a column will be added for general comments; and
- premises with no activities during the current and previous year
will be deleted from the table.
In addition to the above-noted revisions, a breakdown by month was
suggested. Inspector Jones will determine whether this can be
reasonably done and if so, will incorporate the suggestion.
The following motion by Councillor Hemer was put and carried.
Therefore, the Commission
RESOLVED
THAT the Vancouver Liquor Licensing Commission receive for
information the Administrative Report dated August 27, 1996 from
the Chief Constable entitled "Requested Update on Licensed Premises
within the Downtown Eastside to August 27, 1996".
- CARRIED UNANIMOUSLY
2. 1141 Hamilton Street File: 2612-12
Capone's Pizza Bar Co. Limited -
Restaurant-Class 2
The Commission had before it an Administrative Report dated July
30, 1996 (on file), in which the Deputy Chief License Inspector advised
of a request by Capone's Pizza Bar Co. Limited for a City Council
resolution endorsing its application for a Restaurant-Class 2 at
Capone's, 1141 Hamilton Street.
cont'd....
Clause No. 2 (cont'd)
Mr. Paul Teichroeb, Deputy Chief License Inspector, provided the
Commission with background information on the premises and outlined
staff concerns, namely the noise which may arise. The Commission was
advised of conditions which could be placed on endorsement of this
application.
Mr. Howard Cohen, owner of Capone's Restaurant, was present to
answer the Commission's questions and to address the concerns of
neighbouring residents and business owners as expressed in items of
correspondence received.
Mr. Cohen provided the Commission with a brief (on file) outlining
the measures which will be taken to ensure any noise produced from the
entertainment will remain in the restaurant so as not to disturb
surrounding residents. The measures will include:
- sound insulation installed in the restaurant;
- a sound barrier curtain hung near the entrance;
- the overall level of music will be kept down; and
- the front doors will be kept closed when necessary.
Mr. Cohen felt with these measures in place, the music should not
have an adverse effect and will add to the atmosphere and appearance of
the neighbourhood.
In the ensuing discussion, the Commission requested and received
clarification regarding a number of issues, including the following:
- a sound curtain will be installed after the coat check;
- Capone's does not have an outdoor amplified system;
- the patio doors were open during the summer due to a broken
air-conditioning unit. The unit has since been repaired;
- additional outdoor ashtrays will be installed;
- two waste disposal bins outside the premises are emptied on a
regular basis. The bins are the responsibility of building
management and are included as an operating cost in the lease;
- to minimize noise, a third layer of insulation will be added and a
drop ceiling will be installed which will extend five feet from the
stage area;
cont'd....
Clause No. 2 (cont'd)
- Capone's lease allows its landlord to remove Capone's right to play
live music if it negatively impacts other building tenants; and
- there is space for a holding area inside the restaurant should need
arise.
At the request of the Commission, staff clarified Capone's current
license allows a maximum of two musicians. The Class-2 license applied
for has no maximum number of musicians and allows for a dance floor.
The following motion by Councillor Hemer was put and carried.
Therefore, the Commission
RESOLVED
THAT the Vancouver Liquor Licensing Commission, having considered
the concerns of neighbouring residents and business operators,
endorse the request by Capone's Pizza Bar Co. Limited, for a
Restaurant-Class 2 at Capone's, 1141 Hamilton Street, subject to
the following:
i) a time-limited development permit being issued on the site,
subject to annual renewal;
ii) a 10:00 p.m. patio closing time;
iii) the patio doors must be kept closed; and
iv) a maximum of four musicians may perform at one time.
- CARRIED UNANIMOUSLY
3. 999 Canada Place File: 2615-10
Vancouver Trade & Convention Centre
Class 'E' Convention Centre Liquor License
The Commission had before it an Administrative Report dated July
30, 1996 (on file), in which the Deputy Chief License Inspector advised
of B.C. Pavilion Corporation's request for a City Council resolution
endorsing its request for a Class 'E' Convention Centre liquor license
at the Vancouver Trade and Convention Centre, 999 Canada Place.
cont'd....
Clause No. 3 (cont'd)
Mr. Paul Teichroeb, Deputy Chief License Inspector, advised of B.C.
Pavilion Corporation's application for a Class 'E' license to formalize
the existing liquor practices at the facility.
The following motion by Councillor Hemer was put and carried.
Therefore, the Commission
RESOLVED
THAT the Vancouver Liquor Licensing Commission endorse the request
from the B.C. Pavilion Corporation for a Class 'E' Convention
Centre liquor license at the Vancouver Trade and Convention Centre,
999 Canada Place.
- CARRIED UNANIMOUSLY
4. 870 Granville Street (Commodore Cabaret) File: 2613-16
Class 'C' Cabaret and Class 'B' Restaurant
The Commission had before it an extract from the Minutes of the
Vancouver Liquor Licensing Commission meeting of March 14, 1996 (on
file), in which the Commission supported the continuation of existing
liquor licenses at 870 Granville Street. The relevant Administrative
Report dated February 29, 1996 (on file), was also presented.
Mr. Drew Burns, former operator of the Commodore Cabaret, advised
he was not informed of the Commission's March 14, 1996 meeting where the
aforementioned resolution was passed. Mr. Burns felt had he been
present at the meeting, alternate facts might have been presented which
may have resulted in a different resolution. Mr. Burns requested the
Commission rescind its March 14, 1996 resolution and consider the item
again at a future meeting where both parties could be represented.
Mr. Bruce Redekop, legal counsel for Mr. Burns, reiterated Mr.
Burns' position and request for the Commission to rescind its previous
resolution and reconsider the issue.
In response to questions from the Commission, Messrs. Burns and
Redekop advised the Commodore Cabaret has been closed since June 30,
1996. The trade fixtures, owned by Mr. Burns, remain on the premises.
Mr. Burns is no longer involved in negotiations with the landlord.
cont'd....
Clause No. 4 (cont'd)
Mr. Dennis Coates, representing Morguard Investments Limited,
advised the issues have been outlined in correspondence to Mayor Owen
dated September 26, 1996 from Morguard Investments Limited (attached to
the agenda as reference material).
The Commission reconfirmed its commitment to the March 14, 1996
resolution concerning the liquor licenses for the Commodore Cabaret and
expressed regret that the Commodore Cabaret would not be continuing as
it has in the past.
The following motion by Councillor Hemer was put and carried.
Therefore, the Commission
RESOLVED
THAT the Vancouver Liquor Licensing Commission receive for
information the presentation by Messrs. Burns and Redekop
concerning the Commission's March 14, 1996 resolution regarding the
Commodore Ballroom.
- CARRIED UNANIMOUSLY
5. 800 Robson Street - File: 2615-11
Robson Square Conference Centre -
Class 'E' Convention Centre
The Commission had before it an Administrative Report dated
September 18, 1996 (on file), in which the Deputy Chief License
Inspector advised B.C. Pavilion Corporation's request for a City Council
resolution endorsing its request for a Class 'E' Convention Centre
liquor license at the Robson Square Conference Centre, 800 Robson
Street.
The following motion by Councillor Hemer was put and carried.
Therefore, the Commission
cont'd....
Clause No. 5 (cont'd)
RESOLVED
THAT the Vancouver Liquor Licensing Commission endorse the request
from the B.C. Pavilion Corporation for a Class 'E' Convention
Centre liquor license at the Robson Square Conference Centre, 800
Robson Street, including:
i) 650 seats located in the two theatres; and
ii) an increase in patio seating to 1,487 seats in the outdoor
plaza, subject to a 10:00 p.m. closing.
- CARRIED UNANIMOUSLY
6. Requested Update on Liquor Licensing File: 2610-3
Policy Implementation
The Commission received a presentation by Mr. Nathan Edelson,
Planner, Central Area Planning, providing an update on the liquor
licensing policy implementation (on file).
Other Business 7. Culinary Preparations Containing Liquor File: 2610-3
and Potable Alcoholic Medicinals
Ms. Judy Rogers, Deputy City Manager, advised of the Liquor Control
& Licensing Branch's (LCLB) upcoming review of policy associated with
culinary preparations and potable medicinals. The LCLB has scheduled
two consultation schedules to provide key stakeholders with an
opportunity to identify ways to help curb unintended uses of the
products while maintaining reasonable access for legitimate users. Two
sessions are scheduled Wednesday, October 16, 1996, 9:00 a.m. to 12:00
noon (Session 1) and 1:30 p.m. to 4:30 p.m. (Session 2).
* * *
At the request of Chairperson Kennedy, Councillor Hemer assumed the
Chair.
* * *
8. Responsibility for Gaming, File: 2633-3
Racing Commissions Transferred to
Ministry of Employment and Investment
Councillor Kennedy advised of a news release dated September 25,
1996, from the Office of the Premier regarding "Responsibility for
Gaming, Racing Commissions Transferred to Ministry of Employment and
Investment". Concern was expressed over B.C. Lottery Corporation's plan
to install Club Keno in 500-800 bars in the next four to six weeks.
The following motion by Councillor Kennedy was put and carried.
Therefore, the Commission
RESOLVED
THAT the Vancouver Liquor Licensing Commission direct staff to
prepare a report identifying the locations of licensed
establishments in Vancouver, where there may be sensitive or at
risk clientele; and
FURTHER THAT this report be presented to the B.C. Lottery
Corporation, as soon as possible, to advise them of the
Commission's concerns should they go ahead with the installation of
Club Keno in night clubs and pubs in Vancouver.
- CARRIED UNANIMOUSLY
* * *
The meeting adjourned at approximately 9:15 p.m.