CITY OF VANCOUVER VANCOUVER LIQUOR LICENSING COMMISSION November 9, 1995 A Regular Meeting of the Vancouver Liquor Licensing Commission was held on Thursday, November 9, 1995 at approximately 7:30 p.m. in Committee Room No. 2, third floor, City Hall. PRESENT: Councillor Kennedy, Chair Councillor Hemer Councillor Ip Councillor Kwan ALSO PRESENT: Insp. Gary Greer, Vancouver Police Department Maria Kinsella, City Clerk Cst. Russ Foster, Vancouver Police Department Paul Teichroeb, Deputy Chief License Inspector CLERK: Steve Kautz Power to Act On January 11, 1994, Council by the required majority, granted the Commission Power to Act on all unanimous decisions. The decisions of the Commission contained herein are unanimous and, therefore, stand approved. Adoption of Minutes The Minutes of the Vancouver Liquor Licensing Commission meeting of September 14, 1995, were adopted as circulated. 1. 3681 West 4th Avenue - Jeremiah's Pub File: 2614-11 Class 'D' Neighbourhood Pub - Change of Hours The Commission had before it an Administrative Report dated October 11, 1995 (on file), in which the Deputy Chief License Inspector presented for consideration an application by Jericho Pub Inc., doing business as Jeremiah's Pub, for a change of hours. The application is for an extension of the Neighbourhood Pub's closing time on Fridays and Saturdays from 12:00 midnight to 1:00 a.m. cont'd.... Clause No. 1 (cont'd) Mr. Paul Teichroeb, Deputy Chief License Inspector, reviewed the report and commented on the nature of the surrounding neighbourhood as older one and two-family dwellings, apartment buildings and multiple conversion dwellings. Mr. Teichroeb noted the Pub does not offer live entertainment, but rather television and background music. The Pub has 101 seats. The report provided that the Police Department and the Environmental Health Division had no objections to this application, as the Pub is not a source of complaints or enforcement problems. The report provided that the Planning Department, Social Planning Department and the Housing Centre were generally opposed to the application on the basis of noise concerns and effects on the immediate neighbourhood. The applicant had submitted 152 form letters in support of the application. There were also six individual letters in support received by the City Clerk's Office. Two letters and two phone calls opposed to the application were also received. Although not all from within the referendum survey area, the letters originated from the general neighbourhood. Mr. Bert Hick, W.A.E. Hick & Associates, representing the applicant, requested that the Commission waive the requirement for a referendum on the basis that the applicant was prepared to enter into a legal agreement for a six-month or one-year trial period for the extension of hours. If, after the trial period, the extension of hours was not to the satisfaction of the Commission, the applicant would be willing to undertake to roll-back the hours of operation. Mr Barry Mittlestead, owner, advised the reason for seeking the change in hours of operation was to serve his existing customers who find it inconvenient his Pub closes at midnight on Fridays and Saturdays and in many cases are forced to drive or walk to other establishments that have later closing hours. He felt that a change in hours would not affect the numbers or type of clientele at his Pub. He felt the considerable cost of conducting a referendum, estimated at $10,000 plus additional costs for preparation, is not warranted for the small change requested. cont'd.... Clause No. 1 (cont'd) Mr. Teichroeb commented on the proposal for a temporary extension of hours and noted that the Commission does not have the power to roll- back hours of operation as it is within the purview of the Liquor Control and Licensing Branch. The Branch would also require substantive reasons to roll-back hours. Commission members, although generally supportive of flexible arrangements for hours of operation, agreed that such an undertaking was beyond the power of the Commission. If Mr. Hick is able to develop an agreement satisfactory to the Branch and the City, the Commission would be willing to revisit this matter. In the interim, the Commission agreed to consider the requirement for a referendum, as presented in the report. The following motion by Councillor Hemer was put and CARRIED. Therefore, the Commission RESOLVED THAT consideration of the request by Jericho Pub Inc., for a change of hours on Fridays and Saturdays at the Class 'D' Neighbourhood Pub at 3681 West 4th Avenue, be subject to the results of a referendum conducted in accordance with existing City guidelines. 2. Update on Licensed Premises within the File: 2610-2 Downtown Eastside to September 30, 1995 The Commission had before it an Administrative Report dated October 30, 1995 (on file), in which the Chief Constable provided an overview of problems and issues, status of enforcement and other activities pertaining to licensed premises within the Downtown Eastside. The report noted a total of 12 liquor or business licenses had been suspended a total of 16 times in the Downtown Eastside since the beginning of 1992. Inspector Gary Greer, Vancouver Police Department, reviewed the report and noted that while the cabaret at 99 Powell Street is mentioned in the report, more substantive information on this premise is provided in another report before the Commission this meeting. Inspector Greer also noted that in addition to the summary information contained in the report, the Dominion Hotel has cont'd.... Clause No. 2 (cont'd) recently been given a five-day suspension for service of alcohol to a minor. The Drake Hotel will be called to a hearing before the Liquor Control and Licensing Branch regarding improper table dancing and may face a seven-day suspension in this regard. The Columbia Hotel has been sold and is under new management as the New Columbia Hotel. Inspector Greer further commented on the practise of repouring alcohol and efforts at enforcement of the Liquor Control and Licensing Act provisions against this practise. He also noted that the report's references to cigarette seizures regarded cigarettes where duty and taxes were not paid. The incidents outlined in the report had been communicated to the Liquor Control and Licensing Branch. The following motion by Councillor Ip was put and CARRIED. Therefore, the Commission RESOLVED THAT the Administrative Report dated October 30, 1995, updating the Commission on the licensed premises in the Downtown Eastside to September 30, 1995, be received for information. * * * The meeting adjourned at approximately 8:45 p.m.