Report to Council - VLLC, Jan. 8/98

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REPORT TO COUNCIL
VANCOUVER LIQUOR LICENSING COMMISSION
January 8, 1998
A regular meeting of the Vancouver Liquor Licensing Commission was held on Thursday, January 8, 1998, 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: Nathan Edelson, Central Area Planning
Inspector Dave Jones, i/c District 1, Police Department
Paul Teichroeb, Chief License Inspector

CLERK: Gil Mervyn
ADOPTION OF MINUTES
The minutes of the Vancouver Liquor Licensing Commission regular meeting held November 13, 1997, were adopted as circulated.
VARY ORDER OF AGENDA
The Commission agreed to vary the order of the Agenda to consider Item No. 4 as the first item of the Agenda.
RECOMMENDATION
4. Motor Vessel "Queen of Diamonds" File: 2612-2
Class ‘A’ Lounge Liquor License
The Commission had before it an Administrative Report dated December 18, 1997, in which the Chief License Inspector recommended endorsement of a request by ABC Boat Charters Ltd. for a Class ’A’ Lounge liquor license on board the M.V. Queen of Diamonds (on file).
Cont’d
Clause No. 4 (cont’d)
Neighbourhood notification is not required for this type of application, as liquor is only served while the motor vessel is at sea, which will result in minimal neighbourhood impact.
Paul Teichroeb, Chief License Inspector, briefly reviewed the details of the Administrative Report, in addition noting the motor vessel had met all requirements of the Coast Guard and Marine Squad of the Police Department.
The following motion by Councillor Bellamy was put and carried. Therefore, the Commission
RECOMMENDED
THAT Vancouver City Council endorse the request by ABC Boat Charters Ltd. for a Class ‘A’ Lounge Liquor License on board the M.V. Queen of Diamonds.
- CARRIED UNANIMOUSLY
1. 1025 Davie Street - 546679 B.C. Ltd. File: 2615-7
Class ‘D’ Neighbourhood Pub Liquor License
The Commission had before it an Administrative Report dated November 19, 1997, in which the Chief License Inspector submitted for consideration the endorsement of a request by 546679 B.C. Ltd. for a Class ‘D’ Neighbourhood Pub with 65-seats plus a 20-seat patio on private property, at 1025 Davie Street (on file). The applicants plan to create an atmosphere similar to that of a piano bar, although other entertainment such as television, stereo, drag shows and comics are also planned.
The neighbourhood notification process resulted in 17 letters supporting and six letters opposing the application (on file). One telephone call was also received by the City Clerk’s Office expressing opposition to the application.
Cont’d
Clause No. 1 (cont’d)
Paul Teichroeb, Chief License Inspector, reviewed the details of the Administrative Report. At the request of the Commission, Mr. Teichroeb clarified the location of the proposed patio, being on private property facing Davie Street. Mr Teichroeb also confirmed the hours of operation permitted for a neighbourhood pub would allow it to open and close earlier than a Class ‘C’ Cabaret.
Vince Marino, Steven Bauer, Randy Atkinson and Michel Duprat, applicants, outlined the concept of the proposed neighbourhood pub. The pub will provide an alternative to the existing licensed clubs in the area, providing a quieter, more relaxed atmosphere, which caters to an older clientele. The proposed pub would enhance the pedestrian appeal of Davie Street and increase its daytime focus. The applicants propose to conduct a "hands-on" operation, by being directly involved with the management of the pub, as well as become actively involved in the community. Various fundraising events in support of the community are proposed. Using a set of plans, the applicants illustrated the design and layout of the proposed pub, noting the patio would have access only from within the premise. The windows between the patio and pub would not be opened. The piano will be located within the premise and there are no plans to locate speakers on the patio. Noting the staff recommendation to restrict the hours of operation of the patio to close at 11:00 p.m., the applicants requested the patio be permitted to operate during the full operating hours permitted for the neighbourhood pub.
In response to questions from the Commission, the applicants advised locating the proposed neighbourhood pub on Davie Street was preferable to the proposed new Entertainment District on Granville Street. The Davie Street location would cater more to the local residents, rather than the City-wide clientele that will be attracted to a location on Granville Street. In accordance with existing Provincial guidelines, the proposed location on Davie Street is approximately one mile from the closest existing neighbourhood pubs.
Anthony Gregg, representing the residents of the Twin Arms Apartments, 1030 Burnaby Street, spoke in opposition to the application. The residents are currently bothered by the noise resulting from the activities of the existing licensed premises in this block of Davie Street. Approval of this application would worsen the situation.
The following speakers, as business operators in the area, also expressed opposition to the proposed application:
Cont'd
Clause No. 1 (cont'd)
·400·John Clerides, Marquis Wine Cellars, 1034 Davie Street·400
·400·Michael Levy, Odessy Nightclub, 1251 Howe Street·400
·400·Mike Wilson, Celebrities Nightclub, 1022 Davie Street·400
·400·Alan Craven, Metro Broiler Restaurant, 1031 Davie Street·400
·400·Phil Moon, Numbers Nightclub, 1042 Davie; Oasis Restaurant, 1240 Thurlow .·400
The following were among the reasons given for not supporting the application:
- there are already too many licensed premises within the area;
- approval of the application would exacerbate the existing problems of noise, vandalism and other nuisances resulting from the other licensed establishments;
- the services proposed by this application are already available within the community;
- consideration for the expansion and/or relocation of existing business should be given before the approval of a new application, which would result in increased competition for the existing business;
- it is considered premature to consider this application before a plan has been developed for the Davie Street area.
Andrew Peck, area resident, spoke in support of the application, noting he was a member of the target clientele, who does not frequent the existing licensed establishments in the area, and would welcome the alternative provided by the proposed neighbourhood pub.
During discussion, Commission members expressed concern approval of this application may be premature, as there is not yet a plan in place for the future of Davie Street. It was also noted the City had not yet received response from the Provincial Government regarding its proposal for the clustering of neighbourhood pubs in the new Theatre Row Entertainment District on Granville Street. However, in looking at this specific application, it was felt it met current guidelines and would respond to a need of the local community. While recognizing the large number of existing licensed seats in the immediate area, the neighbourhood pub, as proposed, is considered to be unique in terms of its format, hours of operation and target clientele. Commission members also felt the neighbourhood pub should close at 12:00 midnight, seven days per week.
The following motion by Councillor Herbert was put and carried. Therefore, the Commission
Cont'd
Clause No. 1 (cont'd)
RECOMMENDED
THAT Vancouver City Council direct that consideration of the application by 546679 B.C. Ltd., for a Class ‘D’ Neighbourhood Pub with 65-seats plus a 20-seat patio on private property (subject to the hours of operation being limited to closing at 12:00 midnight, and the patio closing at 11:00 p.m., seven days per week) at 1025 Davie Street, be subject to the results of a referendum conducted in accordance with existing City guidelines.
- CARRIED
(Councillor Kennedy Opposed)
2. 620 Seymour Street - KMANN Investments Ltd. File: 2614-8
Class ‘C’ Cabaret Liquor License
The Commission had before it an Administrative Report dated November 19, 1997, in which the Chief License Inspector recommended the Commission not endorse the request by KMANN Investments Ltd. for a 350 seat Class ‘C’ Cabaret at 620 Seymour Street (on file). The applicants propose to build and operate an upscale modern venue which will appeal to patrons over the age of 25. The premises will be separated into two areas for added ambiance, with a wine bar in addition to the traditional cabaret dance area. The type of entertainment proposed will be live bands, DJ’s and comedians.
The neighbourhood notification process resulted in one letter supporting and two letters opposing this application (on file). A brief submitted by the applicant (on file) had been previously circulated.
Paul Teichroeb, Chief License Inspector, reviewed the details of the Administrative Report. Mr. Teichroeb noted he had been advised by the applicant earlier that day, the proposed number of seats for the cabaret had been reduced from 350 to 300 seats. Various departments had raised concern on the possible impacts on existing residential as well as future residential developments in the area.
Cont'd
Clause No. 2 (cont'd)
Inspector Dave Jones advised the Police Department was concerned of the proposed size of the facility (especially in relation to the 130-seat size limitation placed on the new cabarets proposed for the Theatre Row Entertainment District) and their ability to respond to incidents in the Downtown Core at the 2:00 a.m. closing time.
Rick Erdman, H.O.S.T. Consulting Ltd., agent for the applicants advised the proposal is to develop a destination night spot which will attract and cater to the over 25-year old persons attending events in the Downtown Core. The operators propose to develop a "night club" atmosphere which will differentiate them from the "Cabaret" venues currently in Vancouver. KMANN Investments owns and operates the Big Bamboo Cabaret and the Wild Coyote Cabaret, both of which cater to a younger clientele. Mr. Erdman noted the residential component of the area had been decreasing, as the SRO hotels located in the area were being converted to cater more to the needs of the hospitality industry. The current trend in the area also appears to be more towards business oriented developments, rather than residential.
Mr Erdman also noted City Council had previously approved a similar application for a 350-seat Class ‘C’ Cabaret to be located across the street from this proposal. While that application will not be proceeding, this current application will operate with the same concept and operator as previously approved.
In response to a question, Mr Erdman advised his clients had attempted to lease suitable property in the Theatre Row Entertainment District, but were unable to do so.
Norm Toddington, applicant, was also in attendance and responded to questions from Commission members.
The following business operators spoke in opposition of the proposal:
·400·Cam Watt, Club Millennium, Hornby and Dunsmuir·400
·400·Vince Campbell, Granville Entertainment Inc.·400
·400·Steve Forsyth, Railway Club, 579 Dunsmuir Street.·400
Cont'd
Clause No. 2 (cont'd)
The speakers identified the following reasons for not supporting the application:
-this application should not be considered as it is located outside the proposed "Entertainment District" and has not been subject to the same review and restrictions applied to the "Theatre Row" applications;
- the focus of new entertainment premises should be on Granville Street.
Members of the Commission noted the concerns expressed by the Police Department. It was also felt premature to consider this application at this time, as it is necessary to await the results of the newly established Entertainment District on Granville Street.
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 request by KMANN Investments Ltd., for a 300-seat Class ‘C’ Cabaret at 620 Seymour Street at this time.
- CARRIED UNANIMOUSLY
3. 800 Griffiths Way - Orca Bay Arena Corp. (GM Place) File: 2616-1
Liquor Licensing for Outdoor Patios/Plazas
The Commission had before it an Administrative Report dated December 18, 1997, in which the Chief License Inspector submitted for consideration a request by Orca Bay Arena Corporation to expand the number of licensed patio areas outside the Entrance Gates at GM Place and the use of the north and south plaza areas for brief periods of time prior to, during and after bona fide arena events (on file). GM Place is a non-smoking building and the additional areas will provide more accessible areas for the arena’s smoking patrons.
The neighbourhood notification process did not result in any response regarding this application.
Cont'd
Clause No. 3 (cont'd)
Paul Teichroeb, Chief License Inspector, reviewed details of the Administrative Report.
Sergeant Oldenborger, Special Events, Police Department advised the Police Department was opposed to the request to open the patio prior to events. Sgt. Oldenborger also advised, although the relationship between Orca Bay (GM Place) and the Police Department had been positive, the Police Department had several concerns regarding the control and sale of liquor by the operators, including:
- sale of liquor to minors
- possession of liquor by minors
- intoxicated patrons being permitted to remain on the premises.
During a concert held in May 1997, 22 minors were found to be in possession and were ejected from the premises. The situation had a high potential of violence.
In response to a question, Sgt. Oldenborger advised the majority of problems occurred at major sporting events held on weekends. Thirty-five patrons were ejected during a hockey game held on December 31st. The Police Department feels a policy of zero tolerance is now required.
Bert Hick, agent for the applicants, reviewed the history of the licensing at GM Place. As originally approved, the liquor license provided for the consumption of alcohol on two outdoor patios, (Level 100 and Level 200). To date, these patios have been operated without incident. Additional patio space has been licensed for special events, such as the Molson Indy Race, also without incident. The request for the extension of the license to additional patio areas is to provide additional amenity to the smoking clientele. While acknowledging the concerns expressed by the Police Department, these were not felt to be peculiar to GM Place, and not directly related to the use and licensing of the outdoor patios. Mr. Hick expressed the willingness of his clients to meet with the Police in order to address the concerns raised and to ensure on-going dialogue between the Police Department and the operators of GM Place.
Cont'd
Clause No. 3 (cont'd)
Karen Orava, Director of Operations and Event Services, Orca Bay Arena Corp., advised of recent actions taken to address the Police concerns. Events are now operated under a policy of "zero tolerance"; minors found to be in possession and persons who are intoxicated are not permitted to enter the premises or, if already present, are ejected.
The Commission was distressed to hear of the concerns raised by the Police Department. It was felt necessary to address these concerns prior to further consideration of this application.
The following motion by Councillor Herbert was put and carried. Therefore, the Commission
RECOMMENDED
THAT consideration of the request by Orca Bay Arena Corporation to expand the number of licensed patio areas outside the gates at GM Place and the use of the north and south plaza areas for brief periods of time prior to, during and after bona fide arena events, be deferred for three months, pending report back by the Police Department to the April 1998 meeting of the Commission.
- CARRIED UNANIMOUSLY
INFORMATION
5. Northwest Conference for Best Practice and Policies File: 2611
in Alcohol Management and Oversight
Due to the lateness of the hour, the Commission agreed to defer this item to its next regularly scheduled meeting.
6. 952 Granville Street File: 2615-2
Mr. Paul Teichroeb, Chief License Inspector, advised of a letter received from the Liquor Control and Licensing Branch advising Preliminary Site and Applicant Approval had been granted to Gilligan’s Entertainment Inc. for a Class ‘D’ license to operate a neighbourhood pub at 952 Granville Street, within the new Theatre Row Entertainment District. Under the analysis of the decision it had been noted:
"The Committee exercised discretion to Regulation 5.2(5) on the basis there is sufficient population density in the residential neighbourhoods immediately surrounding the Entertainment District to support an additional neighbourhood public house at the proposed site.
The Committee also considered relevent the extensive study conducted by the city of Vancouver into liquor licensing in the area of the city known as the Entertainment District and thje support of the City of Vancouver for neighbourhood public house licensing in the Entertainment District."
This was seen as the first official response from the Provincial Liquor Control and Licensing Branch to the City’s new Entertainment District.
7. Meeting with Neighbourhood Pub Owners Association File: 2611
The Chair referred to correspondence recently received from the Neighbourhood Pub Owners Association and the AdHoc Neighbourhood Pubs of Vancouver (on file), requesting an opportunity to meet with the Commission to discuss the proliferation and future direction of Neighbourhood Pubs in Vancouver. The Chair requested staff to arrange such a meeting as requested in the near future.
The Commission adjourned at 11:40 p.m.
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