ADMINISTRATIVE REPORT

Date: July 2, 1999
Author/Local: Ulli Watkiss (7266)
RTS No. 865

CC File No. 2615-10

TO:	Vancouver Liquor Licensing Commission
FROM:	Ulli S. Watkiss, City Clerk
SUBJECT:	88 West Pender Street - Class 'D' Neighbourhood Pub International Village (Allen Lai) - Referendum Results

RECOMMENDATION

THAT the Vancouver Liquor Licensing Commission, having considered the support of the residents and business operators of the community, as expressed through the results of a neighbourhood referendum advise the General Manager, Liquor Control & Licensing Branch, that it supports the application by Allen Lai for a 65-seat Class 'D' Neighbourhood Pub with 20-seat patio and on-site brewery subject to:

i) no off-premise sales
ii) the patio closing at 11:00 p.m.
iii) a time limited development permit at 88 West Pender Street

AND FURTHER THAT its support of this application is conditional upon there being no appeals received prior to the end of the appeal period on August 2, 1999.

CITY MANAGER'S COMMENTS

The City Manager RECOMMENDS approval of the foregoing.

COUNCIL POLICY

(1) All new Class 'D' liquor license application located within close proximity to residential accommodation are subject to a referendum conducted in accordance with City guidelines, prior to receiving final consideration by City Council.
(2) A referendum must receive at least 60% of the acceptable votes cast in favour, in order for the application to proceed.

(3) A 30-day appeal period commences on the date the referendum results are released to the public.

(4) The applicant and/or any person deemed affected by the referendum may file a written appeal of the referendum process to the City Clerk. Appeals received are investigated by City Staff for report to and consideration by the Vancouver Liquor Licensing Commission.

PURPOSE

The purpose of this report is to advise the Commission of the results of the referendum conducted for the consideration of the application by Allen Lai for a Class 'D' Neighbourhood Pub for the premises located at 88 West Pender Street and to recommend, as a result of the findings of this referendum, that the application be approved.

BACKGROUND

Allen Lai has applied to the Provincial Liquor Control and Licensing Branch and the City for permission to operate a 65-seat Class 'D' Neighbourhood Pub at 88 West Pender Street with 20-seat patio and on-site brewery subject to no off-premise sales, the patio closing at 11:00 p.m., and a time limited development permit.

The Vancouver Liquor Licensing Commission considered this application on May 14, 1999 and resolved that consideration of the application be subject to the results of a referendum conducted in accordance with existing City guidelines.

RESULTS OF THE REFERENDUM

The referendum has now been carried out in accordance with Council-approved policies and procedures.

A Public Information Meeting was held on Wednesday March 10, 1999 at the Chinese Cultural Centre, 50 East Pender Street attended by approximately 20 residents and business operators drawn from the area of the proposed development. The meeting was chaired by the Deputy City Clerk, who made a presentation and responded to questions regarding the application and referendum processes. The applicants provided information and responded to questions regarding the proposed development.

A record of the proceedings of this meeting is on file in the City Clerk's Office.

The referendum was subsequently conducted by MarkTrend Research Inc., within a 1,000 ft. radius of the site, between April 12 and April 23, 1999.

MarkTrend has submitted its report of the referendum results to the City and following an audit conducted by City staff, the results have been determined to be as follows:

Valid 'Yes' ballots (in favour)	442	70.8%
Valid 'No' ballots (opposed)	182	29.2%
Total ballots issued	1,356
Total ballots received	649
Total ballots spoiled	25
Total ballots suitable for tabulation	624
Ballot Response Rate		47.9%

The full report prepared by the referendum company is on file at the City Clerk's Office.

APPEAL OF THE REFERENDUM

There have been no appeals filed to date with regard to the conduct of this referendum. The appeal period does not expire until August 2, 1999. As the Vancouver Liquor Licensing Commission does not meet again until September 1999, the applicant has requested conditional approval subject to no appeals.

CONCLUSION

City Council policy requires that a referendum receive a minimum 60% of the acceptable votes cast in favour for an application to proceed. This application has received in excess of this requirement (70.8% of the valid votes cast were in favour). The City Clerk, therefore, recommends the Commission endorse this application subject to the conditions previously identified.

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(c) 1998 City of Vancouver