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REPORT TO COUNCIL

VANCOUVER LIQUOR LICENSING COMMISSION

June 17, 1999

A regular meeting of the Vancouver Liquor Licensing Commission was held on Thursday June 17, 1999, 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

ABSENT: Councillor Daniel Lee (leave of absence)

ALSO PRESENT: Lee Beaulieu, Central Area Planning

Nathan Edelson, Planning Department
Guy Gusdal, License Coordinator
Inspector Dave Jones, i/c District 1, Police Department
Judy Rogers, City Manager
Constable Pam Ruschke
Paul Teichroeb, Chief License Inspector

CLERK: Diane M. Clairmont

ADOPTION OF MINUTES

The minutes of the Vancouver Liquor Licensing Commission regular meeting held April 15, 1999, were approved as circulated.

The minutes of the Special Meetings of the Liquor Licensing Commission held April 27 and May 5, 1999 were approved as circulated.

INFORMATION

1. Seating Capacity Increase Amendments to Existing File: 2611/RTS: 740

Liquor Licenses

The Commission had before it an Administrative Report dated May 31, 1999 (on file), in which the Chief License Inspector recommended policy regarding permanent increases in seating capacity to various classes of Liquor Licenses.

Clause No. 1 (cont'd)

Guy Gusdal, License Coordinator, Property Use & Licence Division, spoke to the report indicating that there are four applications on hold pending resolution of this issue.

Highlights of the Discussion:
_ this report refers only to permanent increases in seating; special event licenses can still be approved until new legislation is in place
_ timeframe for new legislation is unknown; therefore moratorium is detrimental to hospitality industry
_ applicants have entered into process in good faith

The Commission agreed to not establish a policy to defer any applications requesting increases in seating capacity as an amendment to an existing Class 'A', 'C', 'D', or 'F' liquor license at this time. Applications will be dealt with on a case by case basis.

RECOMMENDATION

2. 860 Denman Street - Denman Station Cabaret File: 2614-14/RTS: 664

Increase in Seating Capacity

The Commission had before it an Administrative Report dated May 25, 1999 (on file), in which the Chief License Inspector recommended Council consider the request by Hawes Enterprises Ltd. for an increase in seating capacity to 149 from 82 in the Denman Station Cabaret.

860 Denman Street and 9211 Denman Street were included on the same notification. Notifications will be sent out separately in the future to avoid confusion.

Guy Gusdal, License Coordinator, Property Use & Licence Division, spoke to the report.

Bert Hick, Hick & Associates, Agent for the Consultant, submitted two letters relating to the report (on file).

Bert Hick and Gary Penny, Owner, spoke to the report. They noted that excessive noise emanates from a nearby parking lot rather than from the cabaret's exiting clientele.

Henry Good, area resident, spoke in opposition to the application citing increased use of alcohol, noise, foul language and detracting from the dignity of the neighbourhood.

Clause No. 2 (cont'd)

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

RECOMMENDED

A. THAT Council endorse the request by Hawes Enterprises Ltd., for an increase in seating capacity to 149 from 82 in the Class `C' Cabaret at Denman Station Cabaret, 860 Denman Street, until such time as the proposed changes to the provincial liquor regulations are in place.

B. THAT Council instruct the Chief License Inspector to authorize special event licenses up to 140 seats for Friday and Saturday until this issue is resolved.

- CARRIED UNANIMOUSLY

3. 911 Denman Street - Mohammad Kashani File: 2613-13/RTS: 669

Restaurant Class 2

The Commission had before it an Administrative Report dated May 25, 1999 (on file), in which the Chief License Inspector recommended Council consider an application by Mohammad Kashani for a 150 seat Restaurant Class 2 at 911 Denman Street.

Guy Gusdal, License Coordinator, Property Use & Licence Division, spoke to the report.

Jim Keenan, Keenan Consulting (Licencing) and the following project team spoke to the report:
Mohammad Kashani Owner
Mike Noble BKL Consultants (Acoustics) (brief filed)
Max Tomaszewski The Amazon Group (Landlord)
Matt Hansen Matthew T. Hansen (Architect)
Craig MacMillan Scenic Route Designs (Interior Designer)

Highlights of Discussion:
_ physical testing for level of bass has not been done; however, music would not have a high bass component; amplification is for solo instruments and voice only

Clause No. 3 (cont'd)

_ configuration of the premises ensures sound carries forward into the restaurant
_ landlord has several heritage buildings in British Columbia; all leases with tenants include provision that art deco style be implemented in design
_ informal survey regarding light jazz format met with approval
_ applicant will sign Good Neighbour Agreement
_ previously-approved Class 1 license allows 2 entertainers, no amplification and no dancing; applicant would not allow dancing without appropriate approvals
_ holding bar area could be accommodated if required by new regulations
_ Time Limited Development Permit on Class 2 license can be applied

Henry Good, area resident, spoke in opposition to the application citing increased use of alcohol, noise, foul language and detracting from the dignity of the neighbourhood.

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

RECOMMENDED

THAT Council defer decision on the request by Mohammad Kashani for a 150-seat Restaurant - Class 2 at 911 Denman Street pending a report from Environmental Health.

- CARRIED UNANIMOUSLY

4. 331 - 341 West Pender Street - Mark James File: 2614-15/RTS: 569

Class 'C' Cabaret and Class 'D' Neighbourhood Pub

The Commission had before it an Administrative Report dated May 31, 1999 (on file), in which the Chief License Inspector recommended Council consider an application by Mark James for a 350-seat Class 'C' Cabaret at 337 West Pender Street.

Guy Gusdal, License Coordinator, Property Use & Licence Division, spoke to the report.

Clause No. 4 (cont'd)

Bert Hick, Agent for the applicant and the following project team spoke to the report:
Mark James Applicant
Al Diamond Project Architect
Grant Longhurst Total Impact Communications (brief filed)
Vern Campbell Security Consultant

The following spoke in favour of the applicant:
Renée Rosko High Performance Events
Sue Bennett Gastown resident
Jamie Lee Hamilton Gastown Homeowners' Association
Larry Kerr Henderson Development
Ted Pappas Western Canadian Raw Fur Auction Sales

Highlights of the Discussion:
_ space leased to the 100-seat cabaret currently operating will be relinquished
_ street security and public image will be enhanced, especially in the evenings
_ staff expressed concern as to whether this project would fit in with the Victory Square Plan; however, applicant has complied with City staff to provide utmost benefit to the community
_ sketch of proposed establishment and archival photographs were circulated
_ architectural drawings were reviewed
_ concern regarding referendum procedure was expressed

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

RECOMMENDED

A. THAT Council endorse the request by Mark James for a 350-seat Class `C' Cabaret at 337 West Pender Street, 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 signing of a Good Neighbour Agreement with the City before the issuance of a Business License.

iii) No exotic entertainment

Clause No. 4 (cont'd)

B. THAT Council endorse the request by Mark James for a 65-seat Class `D' Neighbourhood Pub with adjoining Restaurant-Class 1 at 337 West Pender Street, 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 signing of a Good Neighbour Agreement with the City before the issuance of a Business License.

iii) No exotic entertainment

iv) A legal agreement providing for the permanent closure of the 100-seat cabaret doing business as Mr. T's to the satisfaction of the Chief License Inspector and the Director of Legal Services.

- CARRIED UNANIMOUSLY

INFORMATION

5. 1236 West Broadway - The Big Bam Boo Cabaret File: 2613-14

The Commission had before it a report by the Vancouver Police Department dated May 1999, 1999 (on file) detailing incidents the Department has had with this cabaret between January 1, 1998 to April 30, 1999.

Sergeant Bruce Gilmour and Inspector Jones, both of the Vancouver Police Department spoke to the report.

Rick Erdman, Host Consulting Ltd., representing the owners of The Big Bam Boo Cabaret, along with Murray Kryski and Stan Fiddes, Owners, responded.

Highlights of the Discussion:
_ the Vancouver Police Department stressed concerns regarding management and community problem issues

Clause No. 5 (cont'd)

_ the Vancouver Police Department strongly recommend a Good Neighbour Agreement incorporating severe and immediate penalties be entered into; Mr. Erdman advised he would speak to his clients prior to responding; it was understood by all parties that if The Big Bam Boo does not enter into this agreement and further violations occur, the only other option is initiation of a Show Cause Hearing
_ Mr. Erdman advised he met with the Vancouver Police Department and with the principals. He advised:

i) all but 2 of the calls to the Police are generated from concerns on the street rather than inside the club; due to liability concerns, staff and owners cannot intervene; many of these incidents are a result of mingling of crowds from The Big Bam Boo and other clubs/establishments in the area
ii) $10,000 has been spent on improving the soundproofing/sound abatement systems; this has been checked by City Health officials
iii) Fire Department advises number of fire exits is more than mandatory
iv) as a result of enforcement hearings before the Liquor Control and Licensing Branch, it was determined that management was satisfactory
v) new staff has been trained in security issues by the Justice Institute
vi) outside lineups are a concern; no solution due to architectural constraints
vii) request for police presence at closing has been denied

_ it was suggested Mr. Erdman assist by recommending appropriate consultants

Inspector Jones withdrew the report advising that a status report will be made at the next Vancouver Liquor Licensing Commission meeting.

6. Gilligan's Cabaret Ltd - 952 Granville Street File: 2615-2

The Commission had before it letters submitted by Dennis Coates, Mair Jensen Blair, Agent for the applicant, requesting removal of conditions relating to obtaining approval of the Gilligan Cabaret Ltd.

Mr. Coates spoke to the issue.

Paul Teichroeb, Chief License Inspector will submit a report to the Vancouver Liquor Licensing Commission.

INFORMATION

7. Provincial Liquor Policy Review File: 2611-1

Councillor Lynne Kennedy advised that she has been appointed to an Provincial advisory panel including stakeholders. In this capacity she will bring forward the City of Vancouver's concerns and recommendations. Until new regulations are in place, current regulations will be enforced. She advised meetings with City staff have taken place to begin review of the City's referendum process.

Concern was expressed that:
_ there is a conflict of interest on the Advisory Panel as most are major stakeholders and active participants in the industry. Councillor Kennedy will provide the City of Vancouver Advisory Committee guidelines to the panel .
_ no public consultation is outlined in the process
_ given current information, the process could take up to 3 years
_ there will be limited participation afforded the Vancouver Liquor Licensing Commission and City staff

While many of these comments were expressed by Council in January 1999, it was agreed they should be reiterated. Councillor Kennedy will report back to the VLLC and Council.

8. Referendum Review File: 2611

Concerns were expressed regarding the referendum procedure. Judy Rogers, City Manager, advised it would inappropriate to make any revisions at this time. When the proposed Provincial regulations are in place, this process will be reviewed. Due to uncertainty of the timeframe for the Provincial Liquor Review process, Councillor Kennedy will bring the schedule and suggestions as to how to deal with the proposed regulations (including the referendum process) to the July meeting. Prior to making revisions to the City's process, it is advantageous to wait until the Province provides direction.

The Commission adjourned at 10:50 p.m.

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(c) 1998 City of Vancouver