REPORT TO COUNCIL
VANCOUVER LIQUOR LICENSING COMMISSION
February 6, 1997
A regular meeting of the Vancouver Liquor Licensing Commission was
held on Thursday, February 6, 1997, at 7:35 p.m. in Committee Room No.
2, third floor, City Hall.
PRESENT: Councillor Lynne Kennedy, Chair
Councillor Don Bellamy, Vice-Chair
Councillor Nancy Chiavario
Councillor Daniel Lee
ALSO PRESENT: Nathan Edelson, Downtown Eastside Planner
Councillor Alan Herbert
Inspector Dave Jones, Vancouver Police
Judy Rogers, Deputy City Manager
Paul Teichroeb, Chief License Inspector
Mike Twynstra, Deputy Chief License Inspector
CLERK: Rae T. Wylson
ADOPTION OF MINUTES
The minutes of the Vancouver Liquor Licensing Commission meeting of
October 24, 1996 were adopted as circulated.
INTRODUCTION OF STAFF MEMBER
The Chief License Inspector introduced Michael Twynstra, Deputy
Chief License Inspector.
RECOMMENDATIONS
1. 608 West Pender Street - Malone's Sports Bar & Grill
(Clarence Hotel): Change in Hours - Class 'A' Pub
File: 2611-2
The Commission had before it an Administrative Report dated January
15, 1997 (on file), in which the Deputy Chief License Inspector advised
of a request for endorsement of an application for a change of hours.
Paul Teichroeb, Chief License Inspector, reviewed the application,
noting particulars of the current liquor license for this location and
staff comments. Mr. Teichroeb advised the Commission has not endorsed a
number of similar recent applications pending completion of the Victory
Square Plan and/or pending transfer of provincial authority to roll-back
liquor license hours.
At the request of the Commission, staff provided reasons for the
variations in hours at licensed establishments which are relative in
class type, clientele and/or location. It was noted staff
recommendations are a determining factor. As well, the Commission s
reluctance to extend hours is tied closely to its inability to roll-back
those hours should it deem fit.
Staff advised of recent discussions with the Province concerning
the transfer of the authority to roll-back hours. Staff will provide
further information at the Commission s March 13, 1997 meeting.
Rick Erdman, Host Consulting Ltd., representing the applicant,
submitted a brief providing details of the application (on file). Mr.
Erdman reviewed the contents of the brief, noting plans for development
of the site, Malone s sports-oriented theme and its clientele. It was
noted Appendices B, C and D to the brief demonstrate local business and
residential support for this application.
Trevor Magee, Malone s Sports Bar & Grill, in response to a
question from the Commission, provided clarification concerning the
location of the pub relative to the restaurant. Mr. Magee noted the two
establishments are completely separate operations. As well, Mr. Magee
circulated eleven additional items of supporting correspondence.
The following motion by Councillor Chiavario was put and carried.
Therefore the Commission
RECOMMENDED
THAT Vancouver City Council defer consideration of the request
for endorsement of an application for a change of hours for
the Class 'A' pub at Malone's Sports Bar & Grill (Clarence
Hotel), 608 West Pender Street, pending Provincial direction
concerning the transfer of authority to roll-back hours, or
for a period of up to two months.
- CARRIED UNANIMOUSLY
2. Exemption of Applications from Current Moratorium:
900 Granville Street and 952 Granville Street
The Commission had before it several items of correspondence dated
January 20, 1997, from Dennis Coates requesting to address the
Commission (on file). Mr. Coates seeks to discuss the exemption of
several applications, including 900 and 952 Granville Street and the
transfer of the existing license of 1006 Granville Street to 952
Granville Street, from the current moratorium.
The Chief License Inspector advised these applications have been
pending for some time. However, it was recommended exemption of these
applications from the moratorium would be premature at this time.
Dennis Coates of Mair, Jensen, Blair, representing the applicants,
reviewed details of the applications. Mr. Coates urged the Commission
to grant exemption to these applications based on the length of time
they have been pending and on their merit.
Richard Jaffray, Cactus Club Restaurants, provided the Commission
with correspondence dated February 6, 1997 regarding Proposed Granville
Place Complex (on file). The correspondence presents a proposal
outlining the Cactus Club Restaurant/Granville Entertainment joint
venture development of 900 Granville Street. Mr. Jaffray noted the
proposal supports the City s vision to create an entertainment district
for this area. Mr. Jaffray further advised, given the amount of time
that has elapsed since initial application and the uncertainty regarding
the length of time until the end of the moratorium, this proposal may be
abandoned.
Blaine Culling, Granville Entertainment, urged the Commission to
end the moratorium and allow the development of Granville Street.
In concluding remarks it was noted the Commission may likely review
the moratorium at its March 13, 1997 meeting, following an update from
staff concerning discussions with the Province.
The following motion by Councillor Bellamy was put and carried.
Therefore the Commission
RECOMMENDED
THAT Vancouver City Council receive for information the
correspondence from Messrs. Rick Erdman, Richard Jaffray and
Blaine Culling requesting the exemption of several license
applications from the Granville Street moratorium and
providing details of a proposed Granville Place complex.
- CARRIED UNANIMOUSLY
3. Archimedes Club
The Commission had before it previously circulated correspondence
dated December 15, 1996 and January 27, 1997, from Pierette Winter and
the Council of Alexander Street outlining concerns regarding the
Archimedes Club (on file). In addition, the Commission considered
on-table memoranda dated February 4, 1997 addressing concerns raised in
Ms. Winter s correspondence and providing information on the status of
the license at this location (on file).
The Chief License Inspector reviewed the status of the license.
The space has been rented but the tenant has been unsuccessful in
attempts to obtain City approvals due to the amount of upgrading
required. Staff confirmed a non-profit club is only approved use for
the location and that if it met all criteria, could make application for
a Class A license. Staff are currently defining the site's future use
and do not anticipate further difficulties. However, it was noted, in
the event difficulties do arise, the matter would likely be referred to
a show cause hearing.
The following motion by Councillor Chiavario was put and carried.
Therefore the Commission
RECOMMENDED
THAT Vancouver City Council receive for information
correspondence dated December 15, 1996 and January 27, 1997
from Pierrette Winter and the memoranda dated February 4, 1997
regarding the Archimedes Club;
FURTHER THAT Council direct staff to provide Ms. Winter with
information concerning the status of the Archimedes Club
business license and to advise of the options available should
problems recur in future at this location.
- CARRIED UNANIMOUSLY
4. Ivanhoe, Cobalt and Old American Hotels
The Commission had before it a previously circulated item of
correspondence dated December 23, 1996 from Liz Cochien, on behalf of
residents of the Citygate Complex, outlining residents concerns with
the Ivanhoe, Cobalt and Old American Hotels (on file).
Paul Teichroeb, Chief License Inspector, advised staff are
compiling evidence concerning the operation of one of these
establishments. Staff will likely make a recommendation to Council to
hold a show cause hearing within four to six weeks.
The Chair summarized the show cause hearing process, noting public
presentations at such a hearing would serve as evidence for or against
the licensee. In light of this, the Chair polled the speakers who agreed
to not address the Commission at this time and instead to address the
whole of Council at the show cause hearing. Speakers present were
requested to provide their name and address to the Committee Clerk and
were advised they will be informed of the date, time and location of the
show cause hearing.
Cathleen Willoughby, Property Manager, LTD Homes Society, submitted
a document entitled, Incidents of Vandalism at 1129 and 1189 Main
Street - January 1, 1995 to February 5, 1997" (on file). Ms. Willoughby
authorized the use of the document by staff in preparing the evidence
against these establishments.
NOTE FROM CLERK: The original above-referenced document, Incidents of
Vandalism at 1129 and 1189 Main Street - January 1, 1995 to February 5,
1997", has been provided to the Chief License Inspector.
The following motion by Councillor Bellamy was put and carried.
Therefore the Commission
RECOMMENDED
THAT Vancouver City Council receive for information the
correspondence dated December 23, 1996 from Liz Cochien, on
behalf of residents of the Citygate Complex, outlining
residents concerns with the Ivanhoe, Cobalt and Old American
Hotels.
- CARRIED UNANIMOUSLY
5. Attorney General Limited Review of Liquor Policy Issues
The Commission had before it an item of correspondence dated
January 7, 1997 from Tex Enemark providing details of an upcoming
limited review of liquor policy issues (on file). In addition, the
Commission was provided with an on-table memorandum from the Chair of
the Justice and Protective Services Committee of the UBCM concerning a
UBCM Survey regarding the Provincial Liquor Policy Review (on file).
In the ensuing discussion the Commission considered the UBCM survey
and agreed to the following:
1. Not support - Licensing and regulation of U-Brews and
U-Vins.
2. Not support - Licensing of billiard establishments for
liquor sales.
3. Not support - Entertainment and Games in restaurants.
4. Not support - Opening of Liquor store outlets on Sunday
and Statutory holidays.
Regarding No. 4, the Commission noted previously raised concerns
for the need for a day of rest. As well, it was noted opening of Liquor
store outlets on Sunday and Statutory holidays will puts the province in
direct competition with individual business owners. For these reasons
the Commission strongly urged the Province to undertake public
consultation concerning this issue.
5. Not support - Use of credit cards at Liquor store
outlets.
Concerning No. 5, the Commission advised it will not support this
initiative as it may serve as incentive for credit card fraud to obtain
alcohol. It was noted the Commission would be in support however, if
credit cards were protected by a password in similar fashion to bank
machine cards.
6. Other issues.
Concerning Question No. 6, the Commission noted the following other
issues:
- the transfer of authority from the Province to the City to
roll back hours;
- licensing of potable liquors; and
- review of the structure of legislation so that community
impacts are a fundamental consideration.
In consideration of time constraints concerning the submission of
the completed survey to the UBCM, the Commission directed staff to
complete and submit the survey, based on the previously-noted answers of
the Commission together with supporting Council resolutions. Staff will
circulate the final submission to the whole of Council.
The following motion by Councillor Chiavario was put and carried.
Therefore the Commission
RECOMMENDED
THAT Vancouver City Council direct staff to complete and
submit to the Chair of the Justice and Protective Services
Committee of the UBCM the survey regarding the Provincial
Liquor Policy Review, based on answers of the Commission
together with supporting Council resolutions.
- CARRIED UNANIMOUSLY
6. Consultation Process: Culinary Wines and Potable Medicinals
The Commission had before it an on-table extract from the City of
Vancouver Council meeting of December 10, 1996 concerning Consultation
Process: Culinary Wines and Potable Medicinals (on file).
Paul Teichroeb advised the Liquor Control and Licensing Branch is
currently conducting a review which addresses content, size, price and
distribution of culinary wines and potable medicinals. Staff
recommended the Commission convey its support for this review given
strong industry opposition.
The following motion by Councillor Chiavario was put and carried.
Therefore the Commission
RECOMMENDED
THAT Vancouver City Council direct staff to prepare
correspondence to the General Manager of the Liquor Control
and Licensing Branch (LCLB) conveying its support for the LCLB
review of culinary wines and potable medicinals. The
correspondence to be signed by all members of the Vancouver
Liquor Licensing Commission.
- CARRIED UNANIMOUSLY
NOTE FROM THE CLERK: At the direction of the Chair, the Commission
considered Items 7 and 8 in conjunction.
7. Gastown Neighbourhood Clubs
8. Side Door Cabaret
The Commission had before a previously circulated item of
correspondence dated January 20, 1997 from Michael McCoy providing
concerns regarding various Gastown Neighbourhood clubs (on file). In
addition, the Commission had before it an on-table memorandum dated
February 3, 1997 from Councillor Lynne Kennedy concerning a complaint
with regard to the Side Door Cabaret (on file).
Paul Teichroeb, Chief License Inspector, recommended complaints
such as these should initially be dealt with by staff through the
appropriate area Neighbourhood Integrated Service Team (NIST). Area
NISTs have representation from each department who together investigate
issues which involve more than one City department. As such the Area
NIST would be able to gather information and make recommendations to
Council concerning appropriate actions to be taken with regard to
residents complaints.
Staff further advised regular staff meetings have been scheduled
one week prior to each VLLC meeting for the remainder of 1997. The
purpose of these meetings is for staff to remain aware of and to monitor
problem premises in order to keep the Commission appraised of current
issues.
The following motion by Councillor Bellamy was put and carried.
Therefore the Commission
RECOMMENDED
THAT Vancouver City Council receive for information
correspondence dated January 20, 1997 from Michael McCoy
providing concerns regarding various Gastown Neighbourhood
clubs and a memorandum dated February 3, 1997 from Councillor
Lynne Kennedy concerning a complaint with regard to the Side
Door Cabaret.
- CARRIED UNANIMOUSLY
9. Update on Licensed Premises to October 8, 1996
The Commission had before it an Administrative Report dated October
8, 1996 (on file), in which the Chief Constable provides an ongoing
overview of the problems and issues concerning licensed premises, and
the status of any enforcement or other activities (on file).
Inspector Dave Jones, Vancouver Police Department and Paul
Teichroeb, Chief License Inspector advised future similar reports will
come to the Commission as information items. In addition the reports
will contain information provided by the Area NIST and the Liquor
Control and Licensing Branch. Staff envision the ideal process arising
from this consolidated effort will be the early identification and Area
NIST team handling of problem premises.
The following motion by Councillor Bellamy was put and carried.
Therefore the Commission
RECOMMENDED
THAT Vancouver City Council receive for information the
Administrative Report dated October 8, 1996, titled Update on
Licensed Premises to October 8, 1996" from the Chief Constable
providing an ongoing overview of the problems and issues
concerning licensed premises, and the status of any
enforcement or other activities.
- CARRIED UNANIMOUSLY
NEXT MEETING
The next regular VLLC meeting will take place on March 13, 1997.
The meeting adjourned at 9:45 p.m.
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