Liquor Licensing Commission

REPORT TO COUNCIL
VANCOUVER LIQUOR LICENSING COMMISSION
June 18, 1998
A regular meeting of the Vancouver Liquor Licensing Commission was held on Thursday, June 18, 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: Nathan Edelson, Central Area Planning
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 May 14, 1998, were adopted as circulated.
RECOMMENDATION
1. M.V. Isa-Lei II - Ocean Park Management File: 2612-2
Class ‘A’ (Motor Vessel) Liquor License
The Commission had before it an Administrative Report dated June 8, 1998 (on file), in which the Chief License Inspector recommended that Council NOT endorse a request by Ocean Park Management Ltd. for a Class ‘A’ (motor vessel) liquor license on board the
M.V. Isa-Lei II.
The M.V. Isa-Lei II, is a 70-foot 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 per 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 carriers.
cont’d
Clause No. 1 (cont’d)
The report notes that the Police Department does not support this application, as new procedures set out by the Liquor Control and Licensing Branch no longer require an operator/captain to lawfully have the training or experience to run a charter boat. In this case the applicant’s operator/captain has no formal qualifications to run the vessel and the new LCLB policy cannot force him to be properly trained.
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.

Guy Gusdal, License Coordinator, briefly reviewed the details of the Administrative Report.
Inspector Dave Jones reiterated the Police Department’s concerns regarding the application and confirmed the vessel has not been issued an inspection certificate and the current owner/operator does not have certification which is recognized by Maritime Law. Recent consultation with officials of Transport Canada and the Provincial Liquor Control and Licensing Branch suggest there may be confusion between these two jurisdictions regarding the inspection, certification and licensing of this size of vessel and their operators. Clarification has been requested. Inspector Jones cautioned the Commission against endorsing this application at this time.
Dennis McMurtry, applicant, circulated information in support of his application, and as evidence he had or would meet all current requirements of Transport Canada and the Branch (copy on file). The motor vessel operates strictly as a Charter Vessel, as defined by the Canadian Coast Guard, with charters to one individual only (i.e., there are no individual ticket sales). A Courtesy Examination for Pleasure Craft certificate has been issued for the vessel. If his application is approved, the captain of the vessel will be properly accredited by Transport Canada as required by the Branch. Mr. McMurtry advised he had proceeded in good faith, in accordance with current regulations, and therefore asked that the Commission endorse his application.
The Commission felt it would be inappropriate to deal with this application until the implications of the current regulations of the Liquor Control and Licensing Branch had been clarified.
cont’d
Clause No. 1 (cont’d)
The following motion by Councillor Herbert was put and carried. Therefore, the Commission
RECOMMENDED
THAT consideration of the request by Ocean Park Management Ltd. for a Class ‘A’ (motor vessel) liquor license on board the M.V. Isa-Lei II, be deferred pending clarification of Provincial Liquor Control and Licensing Branch policy regarding the licensing requirements of this type of vessel.
- CARRIED UNANIMOUSLY
2. 800 Griffiths Way - Orca Bay Arena Corporation (GM Place) File: 2616-4
Liquor Licensing of Outdoor Patios/Plazas
During its meeting held January 8, 1998, the Commission considered an Administrative Report dated December 18, 1997 (on file), 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. The Commission was advised by Police Department staff of concerns related to recent events held at GM Place and deferred consideration of the request for three months, pending a report back by the Police Department. The applicant subsequently requested a further deferral to this meeting.
Inspector Dave Jones, i/c District 1, Police Department, advised Police Department staff had met with GM Place security and events services management staff to review its current liquor service policies and procedures. Staff are now satisfied these policies will allow liquor service within a good environment which will result in few problems. It has been recommended a double fence be installed on the plaza areas, with a space of three feet between, to ensure separation of GM Place patrons receiving liquor service and other pedestrian traffic on the plaza. The Department now supports the application, with the exception of liquor service on the expanded areas following the event.
cont’d
Clause No. 2 (cont’d)
Karen Orava, Director of Operations & Event Services, Orca Bay Arena, advised the applicant was in agreement with the suggestions of the Police Department, including the removal from the request of selling liquor in these areas following events. With regard to the required fencing, Ms. Orava requested consideration be given to a single row of fencing during intermissions, as additional space is required to accommodate the number of patrons wishing access to these outdoor areas at that time. Security staff would be present.
The following motion by Councillor Herbert was put and carried. Therefore, the Commission
RECOMMENDED
THAT Vancouver City Council endorse approval of the application from Orca Bay Arena Corporation for the limited use of the patios on level 300 (gates 2 and 8) and level 100 (gate 3) and the north and south plaza areas at GM Place Arena, having considered the support of residents and business operators of the community as determined by neighbourhood notification, subject to the following conditions:
-the use of the patios and plazas will not exceed one hour prior to a bona fide event and during intermission of the same event;
-applicant will dialogue with the Police Department on any pre-event usage;
-patio/plaza fencing and a fire safety plan are to be to the satisfaction of the Vancouver Fire Department.
- CARRIED UNANIMOUSLY
3. 3560 Fraser Street - Restaurant-Class 2 File: 2613-8
Durham Developments Ltd.
The Commission had before it an Administrative Report dated May 22, 1998 (on file), in which the Chief License Inspector submitted for consideration the endorsement of an application by Durham Developments Ltd. for a Restaurant-Class 2 at the Charming Chinese Seafood Restaurant, 3560 Fraser Street. The applicant proposes to provide amplified music by a three-piece band for dancing, with up to two other entertainers singing in English and Chinese, featuring music from the 1950's to 1970's eras. The restaurant has an area of 6,840 square feet and a seating capacity for 312 patrons. It is mandatory with a Restaurant-Class 2 license to cease entertainment and dancing at 12:00 midnight.
The neighbourhood notification process resulted in 15 letters and one petition containing 430 signatures, opposing the application. The City Clerk’s Office also received four telephone calls expressing opposition to the application.
Paul Teichroeb, Chief License Inspector, reviewed the details of the Administrative Report. Mr Teichroeb clarified the applicant was already in possession of a Restaurant-Class B-1 liquor license. This application was requesting permission to provide amplified music, live entertainment and dancing. While there had been significant response to the public notification, it was noted there had been no record of complaints or Police calls to these premises.
Greg Fok, speaking on behalf of the applicants, advised the restaurant had been in operation at this site for the past 16 years, throughout which time it has been licensed to serve liquor. The purpose of this application is to permit live entertainment and dancing after dinner with a target group of 40 to 60 year old’s. Mr. Fok advised the number of tables, and therefore patrons, would be reduced when the restaurant is set up for dancing, although most often the restaurant will maintain its existing capacity.
In response to concerns expressed regarding the amount of parking available in the area, Mr. Fok advised the restaurant provides 19 spaces on its property, shared with another restaurant tenant, as well as street parking adjacent to the restaurant. In addition, arrangements have been made for customers to access parking at an auto body shop located across the street from the restaurant.
cont’d
Clause No. 3 (cont’d)
A member of the Commission identified several concerns observed during a recent visit to the site, including poor maintenance of the exterior of the building and surrounding landscaping and excessive garbage in the area.
The following speakers expressed opposition to the application:
·400·Wayne Fung, area resident·400
·400 ·Woon Yee Fung, area resident·400
·400·Niamh Kelly, area resident·400
·400·Jeff Johnson, area resident (also submitted an additional petition signed by 30 persons who reside at 3624 Fraser Street, a condominium development located across the street from the restaurant site [on file])·400
·400·Carol Therien, area resident.·400
The following were among the reasons given for not supporting the application:
·400·there is already limited parking in the area; approval of this application will likely worsen the situation;·400
·400·will result in additional traffic creating a safety concern for children playing in the area;·400
·400·will have a negative impact on property values;·400
·400·the restaurant is already providing live entertainment and dancing, and operates until 2:00 am;·400
·400·concern related to the new clientele that may be attracted to the restaurant, leading to a potential increase in illegal activity;·400
·400·concern the restaurant will operate more like a cabaret with resulting increase in noise and nuisance complaints.·400
Noting the considerable opposition and concerns expressed by the area residents, Commission members felt the application could not be supported. Staff were also asked to follow up on the concerns raised by the speakers.
cont’d
Clause No. 3 (cont’d)
The following motion by Councillor Bellamy was then put and carried. Therefore, the Commission
RECOMMENDED
THAT Vancouver City Council advise the Liquor Control and Licensing Branch it does not support the application by Durham Developments Ltd. for a Restaurant-Class 2 at the Charming Chinese Seafood Restaurant, 3560 Fraser Street.
- CARRIED UNANIMOUSLY
The Commission agreed to consider the following two items concurrently. They have been minuted separately, for clarity.
4. 646 Seymour Street - Class ‘C’ Cabaret File: 2614-10
Howard Murray Investments Ltd.
The Commission had before it an Administrative Report dated May 28, 1998 (on file), in which the Chief License Inspector submitted for consideration the endorsement of a request by Howard Murray Investments Ltd. for a Class ‘C’ Cabaret liquor license (225 seats) at 646 Seymour Street, in consideration of the closure of the existing Club Elite (225 seats) at 99 Powell Street.
The applicant proposes to purchase the existing cabaret license for the Club Elite at 99 Powell Street on the understanding that, if this application is approved, the Club Elite will be closed and its license cancelled, subject to the approval of an application for a Class ‘D’ Neighbourhood Pub liquor license at 99 Powell Street (reference Item 5 below).
The proposed location at 646 Seymour Street is on the ground floor of the Bay Parkade, which is part of the recent reconstruction on this block. Three hundred parking spaces will be available at the Bay Parkade, shared with the Bay retail store.
cont’d
Clause No. 4 (cont’d)
The applicant proposes to operate an upscale modern venue which will appeal to patrons over the age of 25 years. The hours of operation will be Monday to Saturday, 7:00 p.m. to 2:00 a.m. and Sunday 7:00 p.m. to 12:00 midnight. The original application was for 350 seats, but this has subsequently been reduced to 225 (equal to the existing cabaret seats at 99 Powell Street.
Staff are generally in support of the application, subject to a time-limited development permit, approval of the Class ‘D’ Neighbourhood Pub at 99 Powell Street and a legal agreement for the relocation/closure of the Club Elite. The Police Department is opposed, however, to the establishment of any new large cabarets, given its limited late night resources.
Paul Teichroeb, Chief License Inspector, outlined the details of the Administrative Report, noting this application would provide a means to relocate a long-time problem cabaret in the Gastown area, to a less obtrusive area in the Central Business District. In response to a query, Mr. Teichroeb confirmed the City did not have the authority to close the existing Elite Cabaret at 99 Powell Street.
Rick Erdman, agent for the applicant, described the proposed development, referring to a prepared brief, preliminary architectural plans and letters of support (distributed to members and on file). While originally requesting approval for 350 seats, the applicant has revised the request to 250 seats. Mr. Erdman also requested that a referendum not be required, as the proposed location is within the City’s Downtown core.
With regard to locating the proposed cabaret within the newly-established Entertainment District, Mr. Erdman advised his client had been unable to locate a suitable property available to lease on Granville Street.
Cam Watt, owner of Club Millennium, spoke in opposition to the application, as it does not support the intent of the establishment of the Granville Street Entertainment District. Given the competitive nature of the nightclub business, Mr Watt suggested the applicant purchase and continue the operation of an existing cabaret, rather than establish a new one.
cont’d
Clause No. 4 (cont’d)
Ian Macrae, on behalf of the Downtown Eastside Residents Association, spoke in opposition to the application, noting the proposed cabaret would be incompatible with social services located in the area. He also noted there was a considerable number of SRO residents living within close proximity to the site.
The Commission considered the merits of this application within the context of the proposal to close the Club Elite, and the suitability of the Bay Parkade building design for this type of operation (i.e., sound control) within an area of minimal residential development.
The following motion by Councillor Bellamy was put and carried. Therefore, the Commission
RECOMMENDED
THAT Vancouver City Council endorse the request from Howard Murray Investments Ltd., for a Class ‘C’ Cabaret with 225 seats at 646 Seymour Street, having considered the opinion of residents and business operators of the community as determined by neighbourhood notification;
FURTHER THAT this proposal be subject to the following conditions:
i.The development permit for this use be restricted to a renewable four-month time limit.
ii.Before the issuance of the business license, the applicant sign a "good neighbour" agreement with the City.
iii.A legal agreement with the City for the relocation or closure of Club Elite, 99 Powell Street (225 seats) to the satisfaction of the Director of Legal Services, the Chief License Inspector and the Director of Central Area Planning.
iv.A letter of undertaking, signed by the property owner and the applicant, submitted in conjunction with the development permit application and to form part of the development permit, ensuring that adequate soundproofing measures are implemented in the building to the satisfaction of the Director of Planning and the Director of Environmental Health.
- CARRIED UNANIMOUSLY
5. 99 Powell Street - 561109 BC Ltd. File: 2615-11
Class ‘D’ Neighbourhood Pub
The Commission had before it an Administrative Report dated May 27, 1998 (on file), in which the Chief License Inspector submitted for consideration the endorsement of request by 561109 B.C. Ltd. for a 65-seat (plus 20-seat patio) Class ‘D’ Neighbourhood Pub (with restaurant) at 99 Powell Street.
The applicant is proposing to develop a neighbourhood pub and restaurant (146 seats) with a combined area of 9,000 sq.ft., in the premises currently operating as the Club Elite Cabaret. The hours of operation requested for the pub are 11:00 a.m. to 12:00 midnight, Monday to Thursday and Sunday, and 11:00 a.m. to 1:00 a.m. on Friday and Saturday. Standard neighbourhood pub food and entertainment in the form of a games room, television and recorded music will be provided.
Staff recommend approval of the application as a long-term solution to the neighbourhood impacts of the cabaret, and that consideration be given to a public meeting and notification in lieu of a full referendum, due to the existing license and the reduction in seating capacity.
The neighbourhood notification process resulted in nine letters and one petition containing 39 signatures, opposing the application. The City Clerk’s Office also received two telephone calls expressing opposition.
Paul Teichroeb, Chief License Inspector, reviewed the details of the Administrative Report. It was noted, although a moratorium on new liquor license applications in this area was still in effect, this application was being considered as it would result in a net reduction of licensed seats. The moratorium does not restrict new restaurant liquor licenses.
Mr Teichroeb also reported the results of the Public Information Meeting held at the site on the evening of June 16th. Approximately 40 people attended the meeting. Although generally opposed to any licensed operation at this site, the meeting concluded the neighbourhood pub would be preferable to the existing cabaret. It was concluded a small group representing neighbourhood interests would meet with the applicant and staff to draft a tentative Good Neighbour Agreement that would address the neighbourhood concerns.
cont’d
Clause No. 5 (cont’d)
Rick Erdman, agent for the applicant, described the proposed development, referring to a prepared brief and a petition of support signed by 36 residents and 14 businesses located in the area (distributed to members and on file). The applicant proposes to keep the flavour, look and ambience of the Gastown area. It is intended that the pub and adjoining restaurant cater to area residents, rather than a destination establishment. The applicant is proposing to close the outdoor patio at 10:00 p.m. and the hours of operation of the restaurant will coincide with the neighbourhood pub. The applicant will also be seeking permission to locate a portion of the outdoor patio on City property, as there is not sufficient space on the site to accommodate the patio.
The following speakers expressed opposition to the application:
·400·Pierrette Winter, area resident·400
·400·James Barber, area resident·400
·400 ·Ian Macrae, on behalf of the Downtown Eastside Residents Association·400
·400·Sue Atherton, area resident·400
·400 ·Eli Gershkovitch, Steamworks Brew Pub.·400
The following were among the reasons for not supporting the application:
·400·would prefer that Club Elite close and not be replaced by another licensed premise;·400
·400·concern re noise, drunken behaviour and parking problems;·400
·400·will result in an increase in total hours of operation, as the current cabaret operates only three days per week vs. seven days for the proposed pub and restaurant;·400
·400·more effort should be made to respond to needs of area residents, rather than businesses;·400
·400·inability of Police to respond to neighbourhood concerns;·400
·400·based on past history, do not trust applicant to keep promises made to the neighbourhood;·400
·400·inability of applicant to maintain "quality" restaurant; fear restaurant will operate as a pub;·400
·400·neighbourhood pub will be located in close proximity to social service in the area (i.e. Dug Out Drop-In Centre and the Downtown Eastside Education Centre)·400
·400·neighbourhood pub and restaurant will cater to more than local residents, resulting in increased traffic and parking problems;·400
cont’d
Clause No. 5 (cont’d)
·400·applications considered by the Commission (i.e., 99 Powell Street and 646 Seymour Street) should not be linked; applications should be considered on their own merit;·400
·400·the applicant has not provided sufficient details to fully access the proposal, in particular plans to address neighbourhood concerns.·400
The following speakers expressed support for the application:
·400·Leonore Sali, Gastown Business Improvement Society (letter of support circulated)·400
·400·Douglas Whorrall, Gastown Homeowners Association·400
·400·Lisa Sinclair, area resident/manager, 90 Alexander Street.·400
These speakers supported the replacement of the existing cabaret with the proposed neighbourhood pub subject to the addressing of neighbourhood concerns through the application of the Good Neighbour Agreement.
Commission members expressed support for the proposal, noting improvements that will result over the existing cabaret. In addition to concerns raised by the neighbourhood, staff were requested to ensure the Good Neighbour Agreement specifically address the issue of no "Ladies Nights" or "Cheap Drink Nights" being offered by the pub.
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 and having considered the proximity of residential developments, traffic patterns, road access, availability of parking, noise impacts and the overall design, endorse the application by 561109 BC Ltd. for an 85-seat (includes 20-seat patio) Class ‘D’ Neighbourhood Pub with a restaurant at 99 Powell Street;
FURTHER THAT this application be subject to the following conditions:
i.The development permit be restricted to a renewable four-month time limit.
cont’d
Clause No. 5 (cont’d)
ii.No off-site sales be permitted.
iii.The patio be located on private property and close at 10:00 pm.
iv.Before the issuance of the business license, the applicant sign a "good neighbour" agreement with the City, which will involve participation by neighbourhood representatives initially and in the renewal process.
v.A legal agreement with the property owner, the cabaret owner (Club Elite), the City of Vancouver and the applicant to ensure the closure of the existing cabaret to the satisfaction of the Chief License Inspector, Director of Central Area Planning and Director of Legal Services.
vi.A letter of undertaking signed by the property owner and the applicant, submitted in conjunction with the development permit application and to form part of the development permit, ensuring that adequate soundproofing measures are implemented in the building to the satisfaction of the Director of Planning and Director of Environmental Health.
vii.Live entertainment be limited to one entertainer, with the exception of special events held in conjunction with community-wide festivals.
viii. The proposed restaurant close no later than the neighbourhood pub.
ix. No exotic dancers be permitted.
- CARRIED UNANIMOUSLY
6. Conference: Developing Successful Strategies for File: 2611
Improving Public Safety and Community Living
Due to the lateness of the hour, this information item was deferred to the next meeting of the Commission.
7. Pacific Racing Association, Hastings Park Racecourse File: 2616-2
Class ‘E’ Stadium Liquor License
The Commission had for consideration a letter dated June 16, 1998 from Bert Hick, W.A.E. Hick & Associates Ltd. (on file), regarding an application by Pacific Racing Association, for a Class ‘E’ Stadium liquor license at the Hastings Park Racecourse. The application was considered and endorsed by City Council on March 25, 1997.
At the time the application was endorsed, the applicant was intending to retain an existing Class ‘A’ lounge liquor license, which is still valid, to apply to one existing lounge area. Subsequently, the applicant decided, as a result of management and operational changes, to retain several other areas in the stadium as Class ‘A’ licensed areas, including Jerome’s Sports Lounge, the Fat Choy Room, Clubhouse Turn Lounge and a portion of the Table Terrace Lounge. The applicant wants to retain these areas as "adult only licensed areas" and to provide patrons of Hastings Park Racecourse several areas where they can smoke.
In processing this application, the Liquor Control and Licencing Branch had asked for a resolution of City Council endorsing this change.
The Commission had no objection to this request, provided the conditions of the original endorsement, including there being no other forms of gambling permitted, be maintained.
The following motion by Councillor Bellamy was put and carried. Therefore, the Commission
RECOMMENDED
THAT Vancouver City Council reaffirm its endorsement of the application by Pacific Racing Association for a Class ‘E’ Stadium Liquor License at Hastings Park Racecourse, as set forth in its resolution of March 25, 1997,
AND FURTHER THAT Vancouver City Council endorse the request by the applicant to retain its existing Class ‘A’ Recreation Centre Liquor License for continued licensing of the existing areas in the stadium known as Jerome’s Sports Lounge, the Fat Chay Room, Clubhouse Turn Lounge, and a portion of the Table Terrace Lounge.
- CARRIED UNANIMOUSLY
8. Other Business File: 1010
Councillor Herbert expressed concern regarding reports he had received arising from activities occurring in the basement of 1022 Davie Street, which had resulted in police raids during the first two weeks of May and a fire incident on June 7th.
Staff confirmed the police had attended this location on one evening and closed down an illegal operation as there is no approved use for the site at this time. The situation is being addressed and the site monitored.
The Commission adjourned at 11:30 p.m.
* * * * *

Comments or questions? You can send us email.