REPORT TO COUNCIL

VANCOUVER LIQUOR LICENSING COMMISSION

January 28, 1999

A regular meeting of the Vancouver Liquor Licensing Commission was held on Thursday, January 28, 1999, at 7:30 p.m., in the Council Chamber, Third Floor, City Hall.

PRESENT: Councillor Lynne Kennedy, Chair

Councillor Don Bellamy
Councillor Alan Herbert
Councillor Daniel Lee

ALSO PRESENT: Michael Gordon, Central Area Planning

Guy Gusdal, License Coordinator
Staff-Sergeant Wayne Wilton, Police Department
Paul Teichroeb, Chief License Inspector

CLERK: Denise Salmon

ADOPTION OF MINUTES

The minutes of the Vancouver Liquor Licensing Commission regular meeting held November 26, 1999, were adopted as circulated.

THESE RECOMMENDATIONS WILL BE REPORTED TO AND CONSIDERED BY CITY COUNCIL ON FEBRUARY 16, 1999. YOU WILL BE ADVISED OF COUNCIL'S DECISIONS FOLLOWING THIS MEETING.

RECOMMENDATION

1. M.V. Magic Moment - David C. Kane

Class 'A' (Motor Vessel) Liquor License File: 2612-2

The Commission had before it an Administrative Report dated December 10, 1998 (on file), in which the Chief License Inspector recommends Council endorse an application by David C. Kane for a Class `A' (Motor Vessel) liquor license on board the M.V. Magic Moment.

Clause 1 Cont'd

Guy Gusdal, License Coordinator, briefly reviewed the details of the Administrative Report, and noted as a Class 'A' (Motor Vessel) liquor license is unlikely to impact on the neighbourhood, staff recommend the application be endorsed.

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

RECOMMENDS

THAT Council endorse the request by David C. Kane for a Class `A' (Motor Vessel) liquor license on board the M.V. Magic Moment, subject to Liquor Control and Licensing Branch circular number 552, at this time.

- CARRIED UNANIMOUSLY

2. 175 Robson Street - Class 'A' Lounge

New Hotel: Canada House on Robson File: 2612-9

The Commission had before it an Administrative Report dated January 6, 1999 (on file), in which the Chief License Inspector recommends Council endorse an application by Canada House on Robson Ltd., for a Class 'A' Lounge liquor license with 150 seats and a 37-seat patio on private property in a new hotel to be constructed at 175 Robson Street.

Guy Gusdal, License Coordinator, briefly reviewed the details of the Administrative Report, and noted staff support this application as liquor licensed facilities in full-service hotels are normally not an enforcement problem due to the nature of the operation and the hotel component of the business. It is recommended that a maximum 11:00 p.m. closing be established for the patio, in order to minimize the potential impacts on the neighbouring residential buildings. The neighbourhood notification process resulted in one letter opposing the application.

Neil Banich, Project Architect, advised the project will be a Hilton Hotel managed by Interstate; the lounge is intended for the convenience of the hotel's patrons, catering mainly to the tourist and business population.

Clause 2 Cont'd

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

RECOMMENDS

THAT Council endorse the request from Canada House on Robson Ltd., for a Class `A' Lounge liquor license with 150 seats and a 37-seat patio on private property in a new hotel at 175 Robson Street, having considered the support of residents and business operators of the community as determined by neighbourhood notification and subject to:

i. The patio closing at 11:00 p.m.
ii. A time-limited Development Permit.
iii. A signed Good Neighbour Agreement, prior to the issuance of the business license.

- CARRIED UNANIMOUSLY

3. 800 Griffiths Way - General Motors Place

Orca Bay Arena Corporation: Manufacturer's License (Brewery) File: 2616-4

The Commission had before it an Administrative Report dated January 6, 1999 (on file), in which the Chief License Inspector advises Orca Bay Arena Corporation is requesting Council endorse a Manufacturer's License (Brewing Facility) in the Class 'E' Stadium at General Motors Place, 800 Griffiths Way.

Guy Gusdal, License Coordinator, reviewed the details of the Administrative Report, and noted staff recommend endorsement of the request for an on-site brewing facility, subject to no retail off-premise sales. Sales to other licensees and government liquor stores will have no additional on-site impacts, but will require separate rezoning to allow this use.

Bert Hick, agent for the applicant, on behalf of Harvey Jones, Vice-President, Arena Operations, advised the Manufacturer's License (Brewery) would allow Orca Bay Arena Corporation to remain competitive with several US stadiums. With the aid of site plans, he demonstrated the proposed layout of the brewery, to be located inside GM Place.

In response to questions from the Commission, Mr. Hick noted the proposed brewery would be constructed on several stadium levels in an area presently occupied by the Orca Bay Grille, which will remain, with a reduced food service of between 20-30 seats. Access

to the Grille will be via the Club's elevator with no direct access from the Bowl.

Clause 3 Cont'd

Frank Poratta, Marketing Director, Sports Properties, Molson Breweries, responded to questions regarding seating capacity of both the brewing facility and GM Place. Potential impact of proposed new liquor regulations, and advertising restrictions, were also discussed.

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

RECOMMENDS

THAT Council endorse the request by Orca Bay Arena Corporation for a Manufacturer's License (Brewery) in the Class `E' Stadium at General Motors Place, 800 Griffiths Way, subject to:

i) A signed Good Neighbour Agreement prior to issuance of the business license.
ii) No off premise sales unless the applicant applies for and is granted a rezoning approval of the CD-1 By-law permitting "Brewing or Distilling" as an allowable use.

iii) No retail off-sales from the premises.

- CARRIED UNANIMOUSLY

4. 3560 Fraser Street Restaurant - Class 2

Durham Developments Ltd. File: 2613-8

The Commission had before it an Administrative Report dated January 6, 1999 (on file), in which the Chief License Inspector advises Durham Developments Ltd., doing business as Charming Chinese Seafood Restaurant, is requesting Council endorse their application for a Restaurant - Class 2 at 3560 Fraser Street.

Guy Gusdal, License Coordinator, briefly reviewed the details of the Administrative Report, and, in response to questions from the Commission noted this application had been before it in July 1998, at which time the application was not supported. It was further noted Durham Developments Ltd. are currently before the Courts for operating as a Class 2 restaurant without the appropriate approvals; however these proceedings have been adjourned pending Council's decision on Durham's reapplication for a Class 2 license. The Commission was advised on the need for a decision at this evenings meeting as the Court case is unlikely to proceed prior to a Council decision on this application.

Clause 4 Cont'd

The neighbourhood notification process resulted in twelve letters opposing the application, one letter with 31 signatures opposing the application, one letter with 45 signatures opposing the application, one letter with 519 signatures opposing the application, one letter from applicant conveying 864 letters in support of the application, one submission regarding parking spaces in the area and one letter favouring the application.

Bert Hick, agent for the applicant, (brief filed) requested the Commission approve the application by Durham Developments Ltd. for a Class 2 liquor license at the Charming Chinese Seafood Restaurant, subject to the following conditions:

· a time limited development permit
· a good neighbour agreement prior to the issuance of the business license
· a reduction in the seating capacity of the restaurant from 312 seats to 200 seats
· restriction of the hours for liquor service to end at midnight, seven days a week
· entertainment would be limited to karioke and ballroom dancing and slow dancing type entertainment

Doris Yuen, Owner, Durham Developments Ltd., advised landscaping and upgrading of the exterior of the premises has commenced and will continue. In response to a question from the Commission she advised those that had signed her petition were generally patrons of the restaurant, who reside throughout the Lower Mainland.

The following speakers expressed opposition to the application:

· Carol Therrien, area resident
· John Talayco, area resident (brief filed)
· Jeff Johnson, area resident
· Niahm Kelly, area resident
· Michael Bruce, area resident
· Theresa McAuley, area resident
· Wayne Fung, area resident (petition previously filed, 519 signatures)
· Julian Tran

The following were among the reasons given for not supporting the application:

· there is already limited parking in the area; approval of this application will likely worsen the situation
· will result in additional traffic creating safety concerns for children playing in the area

Clause 4 Cont'd

· both an elementary school, a church, and two Block Watch areas are in close proximity to the restaurant
· concern related to the new clientele who may be attracted to the restaurant, leading to a potential increase in illegal activity
· concern the restaurant will operate more like a night club with resulting increase in noise and nuisance complaints.

The following spoke in support of the application:

· Linda Pang (via interpreter Greg Faulk), area resident
· Annie Lau, area resident
· Susy Chow (via interpreter Greg Faulk), area resident
· Chin Liang Liu (via interpreter Greg Faulk), area resident

The following were among the reasons given in support of the application:

· the restaurant provides good food, music and entertainment, in addition to the opportunity for exercise
· ballroom dancing will revitalize the restaurant
· many of the area residents use the restaurant as a social meeting place, and walk, not drive to the venue

Paul Teichroeb explained the ramifications of the "Good Neighbour Agreement" and advised the City is obliged to reconsider the application for 3560 Fraser Street, as their application has been modified from that presented in June 1998. Mr. Hick advised Durham Developments' existing license allows opening until 2:00 a.m.; the license being applied for would limited closing time to midnight. He further noted a reduction in seating from 300 to 200 has also been agreed to by the applicant.

Commission members expressed concern regarding the track record of the applicant, and the proceedings currently before the Courts due to Durham Developments Ltd. non-compliance with Council's decision on this matter in June 1998.

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

Clause 4 Cont'd

RECOMMENDS

THAT 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

5. 1234 Kingsway - Relocation of Class 'D' Neighbourhood Pub

Leon Hotel Ltd. (Quincy's Pub and Bistro) File: 2615-13

The Commission had before it an Administrative Report dated January 7, 1999 (on file), in which the Chief License Inspector advises Leon Hotel Ltd., are requesting Council endorse their application to relocate the Class 'D' neighbourhood pub approximately 100 metres to 1234 Kingsway immediately across the street from 3728 Clarke Drive, while retaining the current 100 seats, plus the addition of 20 seats on a patio.

Guy Gusdal, License Coordinator, briefly reviewed the details of the Administrative Report, and noted should the Commission endorse this application subject to a referendum, staff suggest the radius be limited to 1000 feet as opposed to the 2000 feet radius used for the neighbourhood notification, provided the applicant agrees and there is no opposition from residents who would be excluded if the 1000-feet radius is used. Mr. Gusdal noted staff generally support this application as additional parking is available at the new location and access is directly off Kingsway rather than a residential street. It was further noted the Liquor Control and Licensing Branch considers this a relocation, not a new application, due to the proximity of the previous location. The neighbourhood notification carried out for this application resulted in eleven letters in opposition, one letter with 45 signatures opposing the application, nineteen letters favouring the application, and one letter with 271 signatures supporting the application.

With the aid of renderings, Rich Erdman, H.O.S.T. Consulting, Agent for the Applicant (brief and petition containing twenty-eight signatures in support, filed), provided the Commission with an overview of the project and advised the proposed site offers more parking than the previous site, including rooftop parking for staff. Gary Todoruk, Owner, Leon Hotel Ltd. advised he had no option but to relocate, as he cannot compete in his present location.

Clause 5 Cont'd

The following speakers expressed opposition to the application:

· Robert Bailey, area resident (petition with 35 signatures filed)
· Carol Therrien (neutral after staff explanation of "Good Neighbourhood Agreement")
· Tim Chaput, area resident
· Hilga Knippelberg, area resident
· John Colenutt

The following were among the reasons given for not supporting the application:

· concern with City's information dissemination method to the neighbourhood, and lack of translations on the notifications (staff noted translations are done when census data for the area indicates a need)
· noise from outdoor seating on the patio, which will remain open until 10:00 p.m., and further noise from patrons leaving the premises
· concern with drivers that have been drinking at Quincy's, then exiting directly onto Kingsway
· traffic and parking issues in the area, and in particular the lane behind the Kingsway location
· cooking smells from Quincy's kitchen
· social problems related to the sale of alcohol will exacerbate problems already rampant in the adjacent neighbourhood

Rosa Beck, area resident, spoke in support of the application, noting Quincy's is a great place to meet with friends, and the new location provides a safer, brighter, more accessible location for women at night.

Mr. Erdman advised the relocation of Quincy's Pub and Bistro will address the issue of noise in the lane, as the kitchen located in the back of the premises will act as a buffer zone; no exit/entrance will be provided onto the lane. The applicant endorses staff consideration item B as set out in the Administrative Report, and is amenable to signing a Good Neighbour Agreement.

Commission members noted this establishment has a spotless record, an experienced operator, and the business is run in a reasonable manner; further, the relocation is only 100 metres from its previous location.

Clause 5 Cont'd

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

RECOMMENDED

THAT Council endorse the request by Leon Hotel Ltd., doing business as Quincy's Pub and Bistro, to relocate the Class `D' Neighbourhood Pub, to 1234 Kingsway from 3728 Clark Drive and retain the current 100-seats plus an additional 20 seats on a patio, having considered the support of residents and business operators of the community as determined by neighbourhood notification and subject to the following:

i) A time-limited Development Permit.

ii) The patio closing at 10:00 p.m.

iii) A signed Good Neighbour Agreement, prior to the issuance of the business license.

iv) A Legal Agreement with the property owner of the existing Class `D' Neighbourhood Pub site at 3728 Clark Drive to the satisfaction of the Chief License Inspector and the Director of Legal Services that any new liquor licensed premises would require appropriate municipal approval.

- CARRIED UNANIMOUSLY

6. Licensed Premises - Extension of Tolerance Period File: 2611

Due to the lateness of the hour the Commission agreed to refer this item to the next meeting of the Vancouver Liquor Licensing Commission, on February 25, 1999.

7. Impacts of Inspections by the Provincial Liquor

Control and Licensing Branch File: 2611

Due to the lateness of the hour the Commission agreed to refer this item to the next meeting of the Vancouver Liquor Licensing Commission, on February 25, 1999.

The Commission adjourned at 11:10 p.m.

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(c) 1998 City of Vancouver