ADMINISTRATIVE REPORT

Date: June 8, 1998

Author/Local: Guy Gusdal/6461

CC File No. 2612-2

TO:	Vancouver Liquor Licensing Commission
FROM:	Chief Licence Inspector
SUBJECT:	M.V. Isa-Lei II - Ocean Park Management Ltd. Class ‘A’ (Motor Vessel) Liquor License

RECOMMENDATION

THAT Council not endorse the request by Ocean Park Management Ltd. for a Class ‘A’ (motor vessel) liquor license on board the M.V. Isa-Lei II, subject to Liquor Control and Licensing Branch circular number 552, at this time.

GENERAL MANAGER’S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

There are no Council Policy or guidelines regarding new liquor license applications for motor vessels.

PURPOSE

Ocean Park Management Ltd., is requesting a Council resolution endorsing the application for a Class ‘A’ (motor vessel) liquor license on board the M.V. Isa-Lei II.

BACKGROUND

Since 1989, the Vancouver Liquor Licensing Commission, and ultimately City Council, has considered applications for Class ‘A’ liquor licenses for motor vessels. During the review and discussion of the applications, it was determined that because liquor could only be served while the motor vessel is at sea, it likely would not impact on the surrounding neighbourhood. Therefore, applications were endorsed without a mail notification or a referendum.

The M.V. Isa-Lei II, is a 70 ft. vessel with 40 seats. It has not completed federal requirements for a charter vessel. The proposed hours of liquor service are between 12:00 noon and 12:00 midnight seven days a week. The vessel is docked at the Plaza of Nations Marina. No food preparation will take place on board as the applicants use the services of approved caterers.

COMMENTS

The Police Department does not support this application.

The Department has received no formal complaints against the M.V. Isa-Leigh II. In December 1997, after receiving a "special occasion license," the vessel was inspected by police and a quantity of liquor, which was in excess of the amount allowed on board, was seized. Other than this one contact, the vessel appears to be well run.

The Marine Squad has learned that the Liquor Control and Licensing Branch has recently changed its policy regarding licensing of vessels. Although Ocean Park Management Ltd., appears to meet all requirements set out by the Liquor Control and Licensing Branch, the Marine Squad has the following concerns:

Prior to July 1997, vessels applying for a liquor license were subject to safety standards set out by Transport Canada Marine Safety. Annual follow-up ensured vessels met safety levels and operators were encouraged to maintain standards or risk losing the safety certificate. Not only were vessels required to meet safety standards, the captain and crew were required to be trained to skipper the vessel and crisis duties including fire drills, groundings, evacuations, medical emergencies, etc.

The new procedure set out by the Liquor Control and Licensing Branch states, "usual requirements for licensing include captain accreditation". In B.C., there is no requirement for operators of small vessels to be licensed as the vessels are inspected under Small Vessel Regulations. This policy would allow a person who has no training or experience to lawfully run a charter boat. If the old policy was still in effect, the operator would be required to have either a command endorsement 350 ton ticket or a first mate restricted ticket. The applicant’s operator/captain has no formal qualifications to run the boat and the new policy cannot force him to be properly trained.

The Environmental Health Division of the Vancouver/Richmond Health Board has no objections to this application.

CONCLUSION

There are significant concerns raised by the Police Department about approving a liquor license for a motor vessel for which there are no regulations or requirements for the operator/captain to lawfully have the training or experience to run a charter boat. Staff therefore recommends this application not be endorsed at this time, pending further review of this safety issue.

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(c) 1998 City of Vancouver