REPORT TO COUNCIL

VANCOUVER LIQUOR LICENSING COMMISSION

July 23, 1998

A regular meeting of the Vancouver Liquor Licensing Commission was held on Thursday, July 23, 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: Judy Rogers, Deputy City Manager

Michael Gordon, 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 June 18, 1998, were adopted as circulated.

RECOMMENDATION

1. 888 Nelson Street - 78888 Investments Ltd. File: 2613-9

Restaurant-Class 2 Liquor License

The Commission had before it an Administrative Report dated July 6, 1998 (on file), in which the Chief License Inspector submitted for consideration the endorsement of an application by 78888 Investments Ltd. for a Restaurant-Class 2 liquor license at the Tang Dynasty Restaurant, 888 Nelson Street.

cont’d

Clause No. 1 (cont’d)

The Tang Dynasty Restaurant is located on the ground floor of the Nelson Square Office complex, has 213 seats and currently holds a Restaurant-Class 1 liquor license. Recent renovations have created an upscale, tasteful dining lounge and the applicant is now proposing to offer dancing and karaoke as an added amenity. There will be no change to the existing hours of operation, which are 10:00 a.m. to 12:00 midnight, Monday to Saturday and 11:00 a.m. to 12:00 midnight on Sunday.

The neighbourhood notification process resulted in one letter expressing concern of the possible noise from the karaoke impacting the residential units located on the upper four storeys of an adjacent 23-storey tower.

Guy Gusdal, License Coordinator, briefly reviewed the details of the Administrative Report.

In response to a query from the Commission, Paul Teichroeb, Chief License Inspector, clarified that any restaurant providing entertainment which included audience participation, such as Karaoke, would require a Class 2 liquor license. Karaoke is considered an "amplified musical instrument" within the definition of the Zoning and Development By-law.

Bert Hick, W.A.E, Hick & Associates Ltd., agent for the applicant, and John Henshaw, Henshaw Design Group, outlined the proposal and responded to questions from the Commission. During the presentation, Mr. Hick emphasized, due to the nature and location of the restaurant, approval of this application would not result in any negative impact on the neighbourhood.

Commission members noted the requirement of a time-limited development permit and suggested the application be also subject to the signing of a "good neighbour" agreement.

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

RECOMMENDED

THAT Council endorse the request by 78888 Investments Ltd., for a Restaurant-Class 2 liquor license at the Tang Dynasty Restaurant, 888 Nelson Street, having considered the support of residents and business operators of the community as determined by neighbourhood notification and subject to a time-limited development permit.

- CARRIED UNANIMOUSLY

2. 996 Homer Street - 510446 B.C. Ltd. File: 2613-10

Restaurant-Class 2 Liquor License

The Commission had before it an Administrative Report dated July 6, 1998 (on file), in which the Chief License Inspector submitted for consideration the endorsement of an application by 510446 B.C. Ltd. for a Restaurant-Class 2 liquor license at 996 Homer Street.

The premises at the corner of Homer and Nelson Streets are currently vacant, but approximately three previous restaurants have operated at this location in the past. The applicant proposes to extensively renovate the facility and create an upscale 200-seat restaurant. Although food service, including a child’s menu, will be the primary focus, the proposal includes amplified adult-orientated music for dancing provided by a disc-jockey as an added amenity. The terms of the lease prohibit live music between the hours of 7:30 a.m. to 8:30 p.m., Monday to Friday. The requested hours of operation are between 11:00 a.m. and 12:00 midnight. Music and dancing must end at 12:00 midnight, in accordance with Liquor Control and Licensing Branch policy. There will be no patio and valet parking will be available.

The neighbourhood notification resulted in 12 letters opposing the application, one letter expressing concern regarding the noise level of amplified music, one letter supporting a restaurant, but opposed to entertainment and one letter supporting the application.

Guy Gusdal, License Coordinator, reviewed the details of the Administrative Report.

Bert Hick, W.A.E. Hick & Associates Ltd., agent for the applicant, submitted 32 additional letters of support from residents and business operators in the area (on file).

Mr Hick and Keith Seeton, Seeton Shinkewski Design Group, provided details of the proposed development. During the presentation it was emphasized the proposed dance floor would be small and sound system limited in size to essentially provide background music, and as such, felt the proposed entertainment would not negatively impact the community.

Jenny Huong, President and owner of the proposed restaurant, provided information of her background and experience in the restaurant management business.

cont’d

Clause No. 2 (cont’d)

Sam Campbell, area resident, submitted a petition expressing opposition to the application, signed by 53 residents of The Wellspring, 415 Nelson Street , located at Homer and Nelson, opposite the site of the proposed restaurant (on file). During his presentation, Mr. Campbell noted concern regarding the noise resulting from amplified music and patrons departing the premises, especially at closing time, and increased traffic and demand for parking.

Steve Harris, owner/resident at 939 Homer Street, expressed opposition on behalf of the residents of The Pinnacle condominium development, noting the concerns of noise, line-ups outside the restaurant and the lack of parking in the area.

Considering the degree of opposition expressed as a result of the notification, and by the delegations appearing before them, the Commission concluded that neighbourhood support for the application should be assessed more thoroughly through the conduct of a referendum. It was also noted approval of the application, if meeting the required 60% vote in favour by referendum, would be subject to a time-limited development permit and the signing of a "good neighbour" agreement with the City.

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

RECOMMENDED

THAT Council direct that consideration of the request by 510446 B.C. Ltd., for a Restaurant-Class 2 at 996 Homer Street, be subject to the results of a referendum conducted in accordance with existing City guidelines, a time-limited development permit and the signing of a "good neighbour" agreement with the City.

- CARRIED UNANIMOUSLY

3. 315 East Broadway - The Viper Room Cabaret File: 2614

The Commission had for consideration a letter dated June 15, 1998 from Gordon Ball, a resident/owner of the Metro Vista townhouse development (on file), which outlined neighbourhood concerns resulting from the operation of the Viper Room Cabaret, located at the corner of Broadway and Scotia Streets.

Mr. Ball was present at the meeting to address the Commission and provide updated information regarding these concerns. The operation of the Viper Room continues to create concerns due to the noise emanating from the cabaret and the nuisance created by the clientele, both on arrival and departure from the premises. On several occasions during the past week, Mr. Ball had observed the cabaret continuing to operate after hours, with patrons leaving as late as 4:00 a.m. Efforts to address these concerns have so far failed.

Paul Teichroeb, Chief License Inspector, advised he had been in contact with Mr Ball and requested assistance from the residents by documenting the concerns/ incidents as identified. The matter has also been referred to the Integrated Services Team for the area, and arrangements will be made to meet with the operator of the cabaret, once sufficient documentation has been collected.

Inspector Dave Jones advised the matter has also been referred to the Police Department Area Manager for District 3 and arrangements would be made for the operator to be contacted by the Police to discuss the concerns raised.

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

RECOMMENDED

THAT the letter and verbal presentation by Gordon Ball regarding the operations of the Viper Room Cabaret be received for information and staff be instructed to report back to the Commission on the operations of this cabaret at its next meeting.

- CARRIED UNANIMOUSLY

4. Conference: Developing Successful Strategies for File: 2611

Improving Public Safety and Community Livability

City staff attended the Cascadia Conference, Developing Successful Strategies for Improving Public Safety and Community Livability, hosted by the City of New Westminster on May 6, 7 and 8, 1998. The conference was a follow-up of the Seattle session held in the winter of 1997, and was intended to address the livability and public safety on urban streets, based on the models developed and experience of American cities. The conference was attended by approximately 80 persons, representing the Cities of Portland, Seattle, Olympia, New Westminster and Vancouver, the Liquor Commissions/Boards of the States of Washington and Oregon, and a variety of business and community groups.

A copy of the conference notes had been previously circulated to Commission members and is on file in the City Clerk’s Office.

Guy Gusdal, License Coordinator, and Michael Gordon, Planner, provided highlights of the conference. It was felt staff participation in this conference had been very valuable and that the City had gained through learning from the experience of other cities (e.g., the introduction of the "good neighbour" agreement for use by the City).

A further conference to be held in Seattle, Washington, this Fall, will address the topic of program funding.

Commission members felt these conferences had been worthwhile and efforts should be continued to encourage participation by representatives of the Liquor Control and Licensing Branch.

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

RECOMMENDED

THAT the Cascadia Conference notes and verbal report by staff regarding the Cascadia Conference be received for information.

- CARRIED UNANIMOUSLY

The Commission adjourned at 9:30 p.m.

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(c) 1998 City of Vancouver