REPORT TO COUNCIL
VANCOUVER LIQUOR LICENSING COMMISSION
March 13, 1997
A regular meeting of the Vancouver Liquor Licensing Commission was
held on Thursday, March 13, 1997, at 7:30 p.m. in Committee Room No. 1,
third floor, City Hall.
PRESENT: Councillor Lynne Kennedy, Chair
Councillor Don Bellamy, Vice-Chair
Councillor Nancy Chiavario
Councillor Daniel Lee
ALSO PRESENT: Judy Rogers, Deputy City Manager
Paul Teichroeb, Chief License Inspector
Councillor Alan Herbert
Nathan Edelson, Central Area Planner
Inspector Dave Jones, i/c District 1,
Police Department
CLERK: Rae T. Wylson
NOTE FROM THE CLERK: To accommodate the large number of people
present the Commission relocated to Committee
Room No. 1.
ADOPTION OF MINUTES
The minutes of the Vancouver Liquor Licensing Commission meeting of
February 6, 1997, were adopted after amendment as follows:
In the recommendation for Clause No. 2 the name Rick Erdman was
replaced with the name Dennis Coates .
RECOMMENDATIONS
1. 15 Water Street - Purple Onion Cabaret Inc.
Increase in Seating Capacity - Class 'C' Cabaret
File No: 2613-1
The Commission had before it an Administrative Report dated October
2, 1996 (on file), in which the Chief License Inspector advised of a
request from the Purple Onion Cabaret to increase seating capacity by 38
seats, for a total of 350, in the Class 'C' Cabaret at 15 Water Street.
In addition, the Commission had before it a previously circulated brief
from the applicant entitled Purple Onion Cabaret Inc. (on file)
providing a written request for a change of seating, petitions in
support of the application, a sample menu and sample advertisements.
Mr. Paul Teichroeb, Chief License Inspector, noted staff do not
support this application due to the number of seats already in the area,
the existing impacts on residential housing and the anticipated impacts
on new residential housing moving into the neighbourhood. It was noted
this application contravenes existing Council policy to not increase
seating capacity in the Gastown area.
Mr. Rick Erdman, Host Consulting, representing the applicant,
provided details of the Cabaret s license. The Cabaret had 337 seats
prior to renovations in 1995 which lowered its seats to 312. Due to the
Cabaret s success there is a 30-40 person line-up nightly which the
applicant feels could be reduced or prevented by an increase in seating.
Mr. Erdman advised, concerning noise complaints of one year prior,
the Cabaret has sealed its windows and installed air conditioning
ventilation equipment to prevent noise. As well the Cabaret employs
door and line-up monitors to ensure an orderly line. Since
implementation of these actions the applicant has not been made aware of
any further noise complaints.
Mr. Erdman expressed concerns regarding Police comments noting a
conflict between opposition expressed in the staff report and a letter
in the applicant s brief expressing support (refer to Appendix C of the
brief). With regard to staff concerns of setting a precedent, Mr.
Erdman noted most cabarets in the area are already operating with the
maximum number of seats allowable per square foot. As such they would
have no grounds for applying for an increase in seating.
Mr. John Pineau, applicant, noted the Cabaret has and will continue
to support the local community. The petitions and correspondence of
support appended to the brief demonstrate strong community support for
this application. Mr. Pineau circulated for information additional
supporting correspondence, a petition and a brochure on the Cabaret (on
file).
In response to questions from the Commission, Inspector Dave Jones
noted the correspondence in support of the application was an officer s
personal opinion and did not represent the department. Departmental
policy and the Commissioner s comments advising an increase in licensed
seats in the downtown eastside is not desirous to the Police, prevail.
In the ensuing discussion, members requested clarification
concerning the Cabaret s reduction in seats in 1995. Staff advised the
Cabaret s renovations occurred prior to approval from Liquor Control and
Licensing Branch (LCLB) and included installation of partitions. These
partitions did not leave sufficient floor space for the then existing
seating and as a result, through LCLB s process, the seating was
reduced.
In response to questions from the Commission, staff provided
information concerning approval of the Steamworks Brew Pub application
in 1996. The Commission approved the Brew Pub s application based on
its operating history, license class and its location on the border of
the moratorium area.
In conclusion, staff reiterated concerns regarding setting a
seating precedent for other cabarets and pubs in the area and the
possibility of increased negative impacts on the residential
neighbourhood.
Members of the Commission commented on the applicant s favourable
operating history but advised due to the concerns outlined by staff it
did not support the application presently.
The following motion by Councillor Bellamy was put and carried.
Therefore the Commission
RECOMMENDED
THAT Vancouver City Council advise the Liquor Control and Licensing
Branch it does not endorse the application by the Purple Onion
Cabaret Inc., to increase seating capacity by 38 seats in the 'C'
Cabaret at 15 Water Street at this time.
- CARRIED UNANIMOUSLY
The Chair, noting there were individuals present wishing to speak,
invited comments from the audience relative to this application.
Mr. Michael McCoy, Gastown resident, noted new owners of the Purple
Onion Cabaret are not as responsive to the community s concerns as were
the previous owners. Mr. McCoy expressed disappointment regarding the
City s process for handling complaints. In addition, Mr. McCoy
expressed concern that notice of the application and information on the
meeting was not received by several residential buildings on Powell and
Alexander streets.
Mr. Harold Gershuny, Rainwalker Management Limited, noted the issue
already identified by staff concerning the application is concentration
in an area undergoing transition to residential. Mr. Gershuny is also
not in support of the application at this time.
2. Pacific Racing Association, Hastings Park Racecourse
Class 'E' Stadium Liquor License File No: 2615-1
The Commission had before it an Administrative Report dated
February 20, 1997 (on file), in which the Chief License Inspector
advised of a request for a Class 'E' Stadium liquor license at Hastings
Park Racecourse.
Mr. Paul Teichroeb, Chief License Inspector, reviewed the details
of the application. The applicant holds a number of existing licenses
dating back 30 years, which don t conform to current LCLB policies in
several areas. Approval of a Class E license would not result in any
significant changes to the facility and as such, staff have no
particular concerns presently. Mr. Teichroeb noted the conditions of
approval the applicant has agreed to ensure licensed and betting areas
are separated. Finally, it was noted the Commission has recently
approved several similar applications at local stadiums.
Mr. Bert Hick, W.A.E. Hick and Associates, representing the
applicant, submitted an item of correspondence dated March 13, 1997
regarding Application for a Class E liquor license at: Hastings Park
Racecourse PNE Grounds Applicant: Pacific Racing Association (on file).
Mr. Hick advised the applicant is in support of Recommendation (A) of
the staff report. Further to the conditions of the staff
recommendation, the applicant offered additional conditions, as noted on
page three of Mr. Hick s correspondence.
Mr. Bill Taylor, General Manager, Hastings Park Racecourse, advised
of problems with the existing licenses. In addition to not conforming
to current LCLB regulations, the existing licenses do not allow families
with children to use the restaurant. A Class E license will assist the
Racecourse in attracting younger fans thereby aiding in equalizing the
Racecourse amidst its competition.
With regard to gaming, Mr. Taylor advised Racecourse management
will remain independently focussed on racing and does not support
mixed-gaming practices.
Having considered the applicant s offer of additional conditions to
the staff recommendation, the following motion by Councillor Chiavario
was put and carried. Therefore the Commission
RECOMMENDED
THAT Vancouver City Council endorse the request by Pacific Racing
Association, for a Class 'E' Stadium liquor license at Hastings
Park Racecourse, subject to the following conditions:
(i) the betting area be excluded from the licensed area;
(ii) no other forms of gaming be permitted;
(iii)approximately 50% of the seats and public area be
designated non-drinking;
(iv) the licensed areas be clearly marked and supervised by trained
staff, and further;
(v) endorsement of this application be subject to the following
conditions concerning the sale of liquor in general public
areas, as suggested by the applicant:
- no hawking alcoholic beverages in the stands;
- additional security costs will be paid for by the license
which has its own security personnel;
- liquor service in the general public areas will cease at some
point prior to end of the last race or end of event;
- hours in Table Terrace will end three or four hours after the
last race to permit dinner service;
- erect a picket fence or other fencing across the apron between
grandstand and fence around the track with security checkpoint
at entry to ensure no beer is carried out;
- beer would be served in the general public areas in single use
containers with plastic lids;
- size of beer would be approximately 12 oz. of beer in 14 oz.
cup;
- beer containers would be distinguishable from other
containers; and
- food and non-alcoholic drinks will be available and hawked in
the stands.
- CARRIED UNANIMOUSLY
3. Provincial Liquor Policy Review File No: 2610-1
The Commission had before it on-table correspondence dated February
20, 1997 from the Chair, VLLC, to the UBCM, supplying the Commission s
responses to the UBCM s survey on the Provincial Liquor Policy Review
(on file). In addition, the Commission had before it articles from the
Vancouver Sun dated March 13, 1997 (on file), and news releases and a
report titled Report to the Attorney General of BC Addressing Various
Matters of Liquor Control Licensing and Distribution prepared by Tex
Enemark (on file).
It was noted the Attorney General will consider Mr. Enemark s
Report and from it extract recommendations for the consideration of the
Legislative Assembly.
In the ensuing discussion it was raised that several
recommendations in the Report disagree with the Commission s viewpoint
as communicated by its response to the UBCM survey. As such, the
Commission agreed to write the Attorney General requesting the
opportunity to consult on recommendations to the legislature.
The following motion by Councillor Chiavario was put and carried.
Therefore the Commission
RECOMMENDED
THAT Vancouver City Council receive for information the report from
Tex Enemark titled Report to the Attorney General of BC Addressing
Various Matters of Liquor Control Licensing and Distribution ;
THAT the report be referred to staff for recommendations and report
back to the Vancouver Liquor Licensing Commission at its April 10,
1997 meeting; and
THAT the Chair of the Vancouver Liquor Licensing Commission forward
the Commission s position in writing to the Attorney General and
requesting a meeting prior to the Attorney General s presentation
to the legislature.
- CARRIED UNANIMOUSLY
4. Dropping the Moratorium on New Licensed Seats
on Theatre Row File No: 2610-1
The Commission had before it an on-table memorandum dated March 13,
1997 from the Central Area Planner regarding Dropping the Moratorium on
New Licensed Seats on Theatre Row (on file).
Mr. Nathan Edelson, Central Area Planner, reviewed the memorandum
noting the implications of dropping the moratorium and LCLB regulations
which would require pending applications to be considered in the order
in which they were received. Mr. Edelson briefed the Commission on the
four pending applications, noting none conform to the proposed policing
strategy for Theatre Row as noted on page two of the memorandum.
In the ensuing discussion it was agreed a consultation process
between staff, the applicants and owners of existing premises in the
area concerning provincial regulations would be beneficial.
In response to a question from the gallery, staff clarified the
LCLB is no way obligated to act according to recommendations of the
Commission. Historically, however, LCLB has conceded with the
Commission s recommendations.
Staff advised a report pertaining to dropping the moratorium will
go to the Planning and Environment Committee of Council in April 1997.
The following motion by Councillor Bellamy was put and carried.
Therefore the Commission
RECOMMENDED
THAT Vancouver City Council receive for information the memorandum
dated March 13, 1997 from the Central Area Planner, Community
Services Group of the City of Vancouver regarding "Dropping the
Moratorium on New Licensed Seats on Theatre Row".
- CARRIED UNANIMOUSLY
5. Other Business
(i) Ivanhoe
The Commission was provided with copies of an article from the
Station to Station newsletter titled "Ivanhoe Shutdown" (on file).
In addition the Commission was provided with correspondence dated
February 28, 1997 from the Mayor responding to concerns raised with
regard to statements made by a member of the VLLC at its February
6, 1997 meeting (on file). It was noted the Chair of VLLC has been
requested and will respond directly to the concerns raised.
(ii) Public Enquiries and Complaints
It was noted staff have responded to public enquiries
pertaining to a recently approved application for a 30-seat pub at
1150 Station Street and to complaints regarding the Side Door
Cabaret.
(iii) Media Luna
Staff advised the Neighbourhood Integrated Service Team (NIST)
working in conjunction with the liquor inspector have succeeded in
closing this premise.
6. Next Meeting
The next regular VLLC meeting will take place on April 10, 1997.
The meeting adjourned at 9:40 p.m.
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