PART REPORT TO COUNCIL VANCOUVER LIQUOR LICENSING COMMISSION July 24, 1997 A regular meeting of the Vancouver Liquor Licensing Commission was held on Thursday, July 24, 1997, at 7:40 p.m. in Committee Room No. 1, third floor, City Hall. PRESENT: Councillor Lynne Kennedy, Chair Councillor Don Bellamy Councillor Alan Herbert Councillor Daniel Lee ALSO PRESENT: Inspector Dave Jones, i/c District 1, Police Department Paul Teichroeb, Chief License Inspector CITY MANAGER'S OFFICE: Ken Dobell, City Manager CLERK: Rae T. Wylson ADOPTION OF MINUTES The minutes of the Vancouver Liquor Licensing Commission regular meeting held June 25, 1997 were adopted as circulated. RECOMMENDATIONS: 1. 3135 West Broadway: Restaurant Class 2 E.D.M. Enterprises Ltd. (Culpepper's Restaurant) File No: 2613-4 The Commission had before it an Administrative Report dated July 3, 1997 (on file), in which the Chief License Inspector submitted for consideration an application by E.D.M. Enterprises Ltd., doing business as Culpepper's Restaurant at 3135 West Broadway, for a Restaurant-Class 2 liquor license. The Commission was advised of the following responses to the neighbourhood notification (on file): - four letters supporting the application; - 42 form letters supporting the application; - six letters opposing the application; - one petition (11 signatures) opposing the application; and - two letters noting various concerns. Paul Teichroeb, Chief License Inspector, provided an overview of the application as contained in the Administrative Report. A Restaurant-Class 2 liquor license allows for up to four entertainers and the use of amplification, in this case on Friday and Saturday nights. In addition, as per Liquor Control and Licensing Branch (LCLB) regulations, hours of operation would decrease from the current 1:00 a.m. closing to a 12:00 midnight closing. Should the Commission endorse the application, the Chief License Inspector recommended the application be subject to the following conditions: (i) a time-limited development permit being issued on the site, subject to annual renewal; and (ii) a 10:00 p.m. patio closing time. The Chair called for speakers regarding the application. Bert Hick, W.A.E. Hick & Associates Ltd., representing the applicant, and Jackie Metzler, Owner and Operator of Culpepper's, provided the following comments: - the 16-seat patio is located in the front of the restaurant; - Culpepper's will provide live entertainers and amplification on weekends and on special holidays (St. Patrick's and Robbie Burns Days); - special events will be by advance ticket sales to prevent overcrowding. Mr. Hicks noted the owner is applying for this license after recently being made aware, as a result of a by-law infraction, that a Restaurant-Class 2 license is required in order to feature two or more entertainers. The following speakers opposed the application: - Gabriel Morales; - Al Coppel; and - David Gardner. The foregoing speakers opposed the application based on one or more of the following points: - there are already too many liquor licensed establishments on the block; - current levels of noise will only increase with amplified entertainment; - there is already insufficient parking in the area; increased business resulting from more entertainers will only contribute to the problem; - the area already has problems with graffiti, drugs, damage to personal property, fighting in back alley; approval of the application will add to the problems; - there is an imbalance in the area of too many businesses to allow the nearby residential area peace; - outdoor patio will create a lot of action on the street; - people departing establishments on Broadway make noise in the surrounding neighbourhood when they go to their cars; and - the application does not include a traffic management, supervision or parking plan. The Commission requested comments from the Police with regard to the speakers' concerns. Inspector Dave Jones, Vancouver Police Department, encouraged the speakers to report any noise by-law infractions to the Health Department. The Inspector for this area of Vancouver may not be aware of the degree of concern the members of the community have. Inspector Jones offered to meet with the speakers to note their concerns for forwarding to the appropriate Inspector and neighbourhood groups. In response to questions of the Commission, Mr. Teichroeb provided an overview of the City's referendum process. Should the Commission deem it necessary, a referendum would be conducted via a door-to-door poll, within a 1,000 foot radius of the establishment. Staff did not include the requirement for a referendum for the Commission's consideration as there are already a number of conditions for the approval (including a time-limited development permit subject to annual review). Additionally, in recent applications, the Commission has not made a referendum a subject of approval unless there is significant public concern directly related to the application. Members of the Commission acknowledged the concerns raised. However, it was noted staff and speakers were unable to verify the concerns raised were attributable directly to this application and not to other licensed establishments in close proximity to Culpepper's. The following motion by Councillor Bellamy was put and amended. THAT the Vancouver Liquor Licensing Commission endorse the application by E.D.M. Enterprises Ltd., doing business as Culpepper s Restaurant, for a Restaurant-Class 2 at 3135 West Broadway, having considered the concerns of neighbourhood residents and business operators, subject to the following conditions: (i) a time-limited development permit being issued on the site, subject to annual renewal; (ii) a 10:00 p.m. patio closing time; - amended The following amendment by Councillor Herbert was put and carried. THAT the above motion be amended by adding after condition (ii) the following: (iii) that staff monitor this premise on an ongoing basis and report back if there are any significant problems or complaints. - carried unanimously The amendment having carried, the motion as amended was put and carried. Therefore, the Commission RECOMMENDED THAT the Vancouver Liquor Licensing Commission endorse the application by E.D.M. Enterprises Ltd., doing business as Culpepper's Restaurant, for a Restaurant-Class 2 at 3135 West Broadway, having considered the concerns of neighbourhood residents and business operators, subject to the following conditions: 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) that staff monitor this premise on an ongoing basis and report back if there are any significant problems or complaints. - CARRIED UNANIMOUSLY 2. 1128 West Hastings Street: Pinnacle International (Proposed New Hotel Site) Class A Lounge, Class A Pub, Restaurant Class 2 File No: 2612-5 The Commission had before it an Administrative Report dated July 3, 1997 (on file), in which the Chief License Inspector recommended endorsement of a request by Pinnacle International for Class A Lounge, Class A Pub and Restaurant Class-2 liquor licenses in the proposed new hotel at 1128 West Hastings Street. Paul Teichroeb, Chief License Inspector, provided an overview of the application as contained in the Administrative Report. Mario Laudisio, representing the applicant, noted as per details in the Administrative Report, Delta has been confirmed as the flagship franchise. Mr. Laudisio commented on entertainment likely to be featured in the hotel, noting final details will be decided by the hotel's management. The following motion by Councillor Bellamy was put and carried. Therefore, the Commission RECOMMENDED THAT Council endorse the request from Pinnacle International for Class A Lounge (225 seats), Class A Pub (125 seats) and Restaurant-Class 2 (375 seats with a 100-seat patio) liquor licenses, subject to the outdoor patio closing at 11:00 p.m., at the proposed new hotel at 1128 West Hastings Street. - CARRIED UNANIMOUSLY 3. 390 West Hastings Street: Cybernet Enterprises Inc. Restaurant Class 2 File No: 2613-5 The Commission had before it an Administrative Report dated July 7, 1997 (on file), in which the Chief License Inspector recommended the Commission inform the General Manager of the Liquor Control and Licensing Branch (LCLB) that the City has no objection to the installation of two large film/television screens and numerous computer terminals at the Web Cafe located on the Vancouver Film School's Multimedia and Computer Animation Campus at 390 West Hastings Street. Paul Teichroeb, Chief License Inspector, reviewed the details of the application noting the difficulty for the applicant is that LCLB policy restricts film/television screens and computer terminals within restaurant facilities. Staff support the application as this is an innovative initiative in the City. The following motion by Councillor Bellamy was put and carried. Therefore, the Commission RECOMMENDED That the Vancouver Liquor Licensing Commission inform the General Manager of the Liquor Control and Licensing Branch that the City has no objection to the installation of two large film/television screens and numerous computer terminals at the Restaurant-Class 2 at 390 West Hastings Street. - CARRIED UNANIMOUSLY The Commission adjourned at 10:15 p.m. * * * * *