REPORT TO COUNCIL

VANCOUVER LIQUOR LICENSING COMMISSION

May 14, 1998

A regular meeting of the Vancouver Liquor Licensing Commission was held on Thursday, May 14, 1998, at 7:30 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: Guy Gusdal, License Coordinator

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 April 23, 1998, were adopted as circulated.

RECOMMENDATION

1. 88 West Pender Street (International Village Market Place) File: 2615-10

Allen Lai: Class ‘D’ Neighbourhood Brew Pub Liquor License

The Commission had before it an Administrative Report dated April 21, 1998, in which the Chief License Inspector submitted for consideration endorsement of a request by Allen Lai for a 65-seat Class ‘D’ Neighbourhood Pub, with 20-seat outdoor patio and an on-site brewery in the International Village Marketplace, currently under construction at Keefer and Abbott Streets (88 West Pender Street) (on file).

The applicant proposes to develop an upscale pub, with an adjoining restaurant and on site brewery for the production of beer for sale and consumption on the premises. There will be no off-site sales. The pub will be open Sunday through Thursday, 11:00 a.m. to 12:00 midnight and Friday and Saturday, 11:00 a.m. to 1:00 a.m. The pub will provide typical forms of pub entertainment including billiard tables and television monitors.

Cont’d

Clause No. 1 (cont’d)

Neighbourhood notification resulted in the receipt of 25 form letters in support of the application, one letter in opposition and one letter expressing concern regarding odours associated with the brewing process (on file). In addition, two phone calls were received which expressed opposition to the proposal.

Paul Teichroeb, Chief License Inspector, briefly reviewed the details of the Administrative Report, and noted it was not anticipated there would be negative impacts on the adjacent Downtown Eastside area, given the relative small size of the facility and that it would be contained within the International Village development. In response to questions, Mr. Teichroeb advised the application would be subject to a noise assessment as part of the development application process. Other existing Brew Pub operations in the Downtown area had not resulted in any odour complaints. The beer brewed on the premises would be available for sale and consumption in the pub and the adjoining restaurant. Off-site sales will not be permitted.

Using a package of promotional material (copy on file), Mr Allen Lai, applicant and developer, reviewed the proposed International Village Marketplace development. The development will contain six major restaurants, 12 cinemas and retail shops, which will provide a new concept for shopping and entertainment. Each of the restaurants will be developed on a different theme. The proposed Brew Pub will be operated as an "upscale" establishment, designed to fit in with the remainder of the development. Mr. Mike Flannigan advised the brewing operation will be provided with a stack condenser, which will eliminate any potential odour causing emissions.

In response to questioning, Mr. Lai advised he was aware of the City’s requirement of a referendum and a time limited development permit which would be issued. Given the nature and size of the International Village Market Place development, Mr. Lai asked that the requirement of the referendum be waived.

During discussion, it was noted the Commission had waived the requirement of a referendum for past applications, but that the circumstances for this application were different, and that the City requirement for a referendum be retained.

Cont’d

Clause No. 1 (cont’d)

The following motion by Councillor Bellamy was put and carried. Therefore, the Commission

RECOMMENDED

THAT Vancouver City Council direct that consideration of the request by Allen Lai for a 65-seat Class ‘D’ Neighbourhood Pub with 20-seat patio and on site brewery, subject to no off-premise sales, the patio closing at 11:00 p.m., and a time limited development permit, at 88 West Pender Street be subject to the results of a referendum conducted in accordance with existing City guidelines;

- CARRIED UNANIMOUSLY

2. 501 Denman Street - Harbour Cruises File: 2612-2

HF Management Ltd.

The Commission had before it an Administrative Report dated April 23, 1998, in which the Chief License Inspector submitted for consideration the endorsement of a request by HF Management Ltd. for limited dockside liquor service prior to departure for the M.V. Britannia, M.V. Constitution, M.V. Hollyburn, M.V. Spirit of Vancouver II and the M.V. Harbour Princess charter cruises, at Harbour Cruises’ facilities located at the north foot of Denman Street (on file).

Current Liquor Control and Licensing Branch policy does not permit the service of liquor when a vessel is tied up at dock or anchored off shore. The applicant is requesting a resolution of Council enabling an approach to the Branch to allow limited dockside liquor service up to one hour prior to departure. Liquor service on board the vessels usually occurs between 11:00 a.m. and 10:00 p.m. and dockside service would be between 11:00 a.m. and 8:00 p.m. Liquor service is always terminated before the vessels return to dock.

The neighbourhood notification process resulted in one letter of support and two letters of opposition to the application (on file).

Cont’d

Clause No. 2 (cont’d)

Guy Gusdal, License Coordinator, reviewed the details of the Administrative Report, noting that this was the first application of this type, and if endorsed, would require amendment to the existing policies of the Provincial Liquor Control and Licensing Branch.

Inspector Dave Jones advised the Police Department was opposed to the application, noting the Marine Squad had only limited resources to effectively deal with any increase in liquor service on charter vessels. Inspector Jones also noted the concern of potential interaction between parties on different boats at dockside, the use of the vessels as "dockside pubs"and setting a precedent for other similar vessels operating out of the City.

In response to a question, Mr. Teichroeb advised there were 10 to 12 licensed motor vessels, and a similar number of vessels which utilize special occasion licenses, operating out of the City. If the Provincial policy were changed to permit dockside service as requested by this application, other vessels would also benefit and likely not be required to make separate application to the City for the same privileges. Private vessels are not subject to the same limitations, as the liquor on a private vessel is not being served as a commercial activity.

Bert Hick, agent for the applicant, advised this application was being presented on behalf of HF Management Ltd. and not the harbour cruise industry in general. Mr. Hick explained the purpose of the dockside service is to allow the commencement of food and beverage service to persons who board the vessel prior to the set departure time. Music and entertainment would not be provided while at dockside. The proposed change would not result in an increase in the amount of liquor served. The change would result in a more orderly service of liquor, rather that the line ups that occur at the bar at departure time, under the current policy. Referring to a circulated brief (copy on file), Mr. Hick advised several other Canadian provinces permit dockside service prior to departure. The Liquor Control and Licensing Branch has also permitted dockside service on other vessels operating in the province (e.g., the Princess Marguerite in Victoria). In consideration of the concerns expressed by the Police Department, Mr Hick advised the applicant was prepared to amend the request to permit dockside service up to 30 minutes prior to departure and to terminate service 15 minutes prior to docking.

Cont’d

Clause No. 2 (cont’d)

Graham Clark, applicant, noted HF Management enjoys a positive record with the Police Department, Marine Squad and the Coast Guard. Harbour Cruises has operated vessels from its current location without problem or incident since 1967. Harbour Cruises’ staff have been trained in the "Serving it Right" program and "Food Safe" standards. Adequate security is provided on scheduled events as the situation requires. The captain of the vessel is personally licensed and is responsible for all activities on the vessel, including the service of alcohol.

Commission members were in support of this application, but felt this endorsement should be limited to the Harbour Cruises’ vessels only. Other vessels seeking a similar privilege should be required to seek separate endorsement.

The following motion by Councillor Herbert was put and carried. Therefore, the Commission

RECOMMENDED

THAT Vancouver City Council, having considered the opinion of residents and business operators of the community as determined by neighbourhood notification, endorse the application by HF Management Ltd. for limited dockside liquor service prior to departure of the charter cruise vessels M.V. Britannia, M.V. Constitution, M.V. Hollyburn, M.V. Spirit of Vancouver II and M.V. Harbour Princess, operated by Harbour Cruises; and

FURTHER THAT this endorsement be subject to the following conditions:

i)Dockside liquor service be limited to one hour prior to departure.

ii)No dockside liquor service be permitted upon a vessel’s return to dock.

iii)Dockside liquor service for departing vessels be limited to between 11:00 a.m. and 8:00 p.m. Monday to Sunday.

iv)That all these vessels obtain the required Province of B.C. health permit for food service;

v) Be applicable to the above noted vessels only.

- CARRIED UNANIMOUSLY

INFORMATION

3. 7 Alexander Street - Fluid Lounge File: 2611

During its meeting held April 23, 1998, the Commission requested staff report back on complaints received from the Gastown Homeowners’ Association regarding noise, rioting and other disturbances from the Fluid Lounge operating at 7 Alexander Street.

Inspector Dave Jones, Police Department outlined the recent Police Department response to complaints received regarding the Fluid Lounge, including premise inspections conducted on March 27 and April 24, 1998. On each of these occasions minors have been found on the premises. A liquor license review was requested on April 28, 1998. On-going Police action will include monthly premise inspections and enforcement action as required. Staff have been in contact with the Gastown Homeowners’ Association regarding this enforcement action.

The Commission adjourned at 9:00 p.m.

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(c) 1998 City of Vancouver