Vancouver Liquor Licensing Commission Minutes

REPORT TO COUNCIL
VANCOUVER LIQUOR LICENSING COMMISSION
November 13, 1997
A regular meeting of the Vancouver Liquor Licensing Commission was held on Thursday, November 13, 1997, at 7:40 p.m., in Committee Room No. 1, third floor, City Hall.
PRESENT: Councillor Don Bellamy, Chair
Councillor Alan Herbert
Councillor Daniel Lee
ABSENT: Councillor Lynne Kennedy (Civic Business)
ALSO PRESENT: Nathan Edelson, Central Area Planning
Inspector Dave Jones, i/c District 1, Police Department
Paul Teichroeb, Chief License Inspector

CLERK: Rae T. Wylson
ADOPTION OF MINUTES
The minutes of the Vancouver Liquor Licensing Commission regular meeting held October 9, 1997, were adopted as circulated.
RECOMMENDATION
1. 375 Water Street - The Quarterdeck Brewery Co. Ltd. File: 2615-4
Off-Premise Sales in Class 'D' Brew Pub
The Commission had before it an Administrative Report dated October 15, 1997, in which the Chief License Inspector submitted for consideration a request by Quarterdeck Brewery Co. Ltd. for off-premise sales in the Class 'D' Brew Pub (Steamworks), 375 Water Street (on file).
Cont’d
Clause No. 1 (Cont’d)
The neighbourhood notification process resulted in one letter supporting and two letters opposing this application (on file).
Paul Teichroeb, Chief License Inspector reviewed details of the Administrative Report. In response to questions of the Commission, Mr. Teichroeb advised the moratorium on new liquor licenses and changes to existing licenses in Gastown will likely be in place until the end of 1998. Additional information was provided concerning location, hours of operation, off-sales permits and problems experienced by Police pertaining to existing liquor outlets near the brew pub.
Eli Gershkovitch, applicant, advised Steamworks has been is operation since 1995. During that time, it has been recognized repeatedly by local papers as Vancouver's best brew pub. Its clientele is comprised mainly of professionals and residents of Gastown. Approval of the application would enable Steamworks to compete with hotels in the area which presently have off-premise sales. It is anticipated off-sales would be sold largely to tourists who frequently request Steamworks' product to go. Approval would also allow Steamworks to participate in charity functions through donation of product.
Mary Davies and Ashley Ford, residents, spoke in support of the application. The following were among reasons given for their support:
-Steamworks is a beneficial addition to the character of Gastown; and
-it would provide residents a welcoming venue to purchase alcohol after 6:00 p.m.
Members of the Commission acknowledged public support for the application. However, Council policy is that no new liquor licenses or amendments to existing licenses be permitted in Gastown. For this reason the Commission was unable to support the application at this time.
Cont’d
Clause No. 1 (Cont’d)
The following motion by Councillor Herbert was put and carried. Therefore, the Commission
RECOMMENDED
THAT Vancouver City Council advise the Liquor Control and Licensing Branch it does not endorse the request by Quarterdeck Brewery Co. Ltd., for off-premise sales in the Class ‘D’ Brew Pub (Steamworks) at 375 Water Street, having considered the opinion of the area residents and business operators as determined through the neighbourhood notification process; and
FURTHER THAT staff report back on the status of the moratorium with particular reference to adjusting the moratorium’s boundaries when the Gastown Land Use Plan is presented in spring 1998.
- CARRIED UNANIMOUSLY
2. B-100, 750 Pacific Boulevard File: 2616-3
Plaza of Nations/B.C. Enterprise Centre
Class 'E' Convention Centre Liquor License
The Commission had before it an Administrative Report dated October 21, 1997, in which the Chief License Inspector recommended endorsement of Canadian Metropolitan Properties Corp.'s request for a Class 'E' Convention Centre liquor license at the Plaza of Nations/B.C. Enterprise Centre, B-100, 750 Pacific Boulevard (on file).
The neighbourhood notification process did not result in any response regarding this application.
Cont’d
Clause No. 2 (Cont’d)
Paul Teichroeb, Chief License Inspector reviewed details of the Administrative Report. At the request Commission members Mr. Teichroeb outlined limitations of the existing licensing arrangement. At present temporary Special Occasion Licenses are issued to various individuals and groups. This arrangement does at times create difficulties in determining who is responsible for a particular function. For this reason staff support the application as a permanent license will place the responsibility for all events on the license holder.
Bert Hick, W.A.E. Hick and Associates, representing the applicant, advised the applicant supports the staff recommendation as contained in the Administrative Report.
The following motion by Councillor Herbert was put and carried. Therefore, the Commission
RECOMMENDED
THAT Vancouver City Council endorse the request from Canadian Metropolitan Properties Corp., for a Class 'E' Convention Centre liquor license at the Plaza of Nations/B.C. Enterprise Centre, B-100, 750 Pacific Boulevard, having considered the opinion of the area residents and business operators as determined through the neighbourhood notification process.
- CARRIED UNANIMOUSLY
3. B-200, 750 Pacific Boulevard File: 2613-7
Club Plaza Enterprises Ltd.
Restaurant - Class 2 Liquor License
The Commission had before it an Administrative Report dated October 21, 1997, in which the Chief License Inspector, recommended endorsement of Club Plaza Enterprises Ltd. request for a Restaurant Class 2 at Club Nations, B-200, 750 Pacific Boulevard (on file).
The neighbourhood notification process did not result in any response regarding this application.
Cont’d
Clause No. 3 (Cont’d)
The following motion by Councillor Herbert was put and carried. Therefore, the Commission
RECOMMENDED
THAT Vancouver City Council endorse the request by Club Plaza Enterprises Ltd., for a Restaurant-Class 2 liquor license at Club Nations, B-200, 750 Pacific Boulevard, having considered the opinion of the area residents and business operators as determined through the neighbourhood notification process.
- CARRIED UNANIMOUSLY
4. 608 West Pender Street - Malone's Sports Bar & Grill File: 2612-3
(Clarence Hotel): Change in Hours - Class 'A' Pub
The Commission had before it an Administrative Report dated October 21, 1997, in which the Chief License Inspector recommended endorsement of a request by Trevor Magee and Reid Flemons for a change of hours in the Class 'A' Pub at the Clarence Hotel, 608 West Pender (on file).
The neighbourhood notification process resulted in one letter opposing this application (on file).
Paul Teichroeb, Chief License Inspector, reviewed details of the Administrative Report. With respect to the recommendation was noted support for the application should be subject to a renewable Development Permit limited to a time period of four months or a legal covenant. The subject to clause would allow a review of the application prior to a renewal in the event any complaints are registered with the City regarding the premise.
Rick Erdman, Host Consulting, representing the applicant, advised the applicant supports the staff recommendation as contained in the Administrative Report. The applicant is requesting the extension in hours in order to compete with neighbouring businesses.
Cont’d
Clause No. 4 (Cont’d)
Barry Hames, Main & Hastings Community Development Society, also representing the Downtown South Residents Association, spoke in opposition of the application for the following reasons:
-the Clarence Hotel which leases the space to Malone’s has evicted the residents in the hotel; and
-the increased number of people coming to consume alcohol in the neighbourhood is negatively impacting the quality of life for the residents.
Trevor Magee, applicant, advised Malone’s has signed a 25-year secured lease with the Clarence Hotel. The evictions by Hotel Management are not related to Malone's lease and an increase in Malone's clientele would not result in an increased lease fee.
The following motion by Councillor Herbert was put and carried. Therefore, the Commission
RECOMMENDED
THAT Vancouver City Council, having considered the opinion of residents and business operators of the community as determined by neighbourhood notification, endorse the application by Trevor Magee and Reid Flemons (Malone's Sports Bar & Grill), for a change in hours in the Class 'A' Pub at 608 West Pender Street to:
Monday to Friday 11:00 a.m. to 1:00 a.m.
Sunday 11:00 a.m. to 12:00 midnight.
subject to a renewable Development Permit limited to a time period of four months or a covenant negotiated by the Legal Services Department.
- CARRIED UNANIMOUSLY
5. 1253 Johnston Street - The Creek Brewery Ltd. File: 2612-6
Class 'A' Patio and Off-Premises Sales Liquor License
The Commission had before it Administrative Report dated October 24, 1997, in which the Chief License Inspector submitted for consideration Creek Brewery Ltd.'s request for a 62-seat patio and off-premise sales as part of the licensed 'A' Pub at the Granville Island Hotel, 1253 Johnston Street (on file).
The neighbourhood notification process resulted in five letters supporting, four letters opposing and one letter expressing concerns regarding this application (on file).
Paul Teichroeb, Chief License Inspector reviewed details of the Administrative Report. In response to questions of the Commission, Mr. Teichroeb advised staff do not anticipate an increase in patio seating would result in additional noise. With regard to landscaping options to deflect noise, the applicant is governed by restrictions designed to prevent the obstruction of views. At this time the only allowable option is a low hedge.
In light of concerns received, the Commission discussed approval of the application subject to a time limited development permit or a legal covenant. Mr. Teichroeb advised the permit would be automatically renewed unless significant complaints were registered with the City regarding the premise. Complaints may be registered with Police or the City via the noise hotline. Provided a significant number of complaints were received the application for renewal would be brought before the Commission for consideration.
Dennis Coates, Mair Jensen Blair, representing the applicants, introduced James Drummond and Jonathan Coleman, applicants. In response to concerns raised in the correspondence received in opposition to the application, Mr. Coates addressed the issue of noise prevention measures. The lease agreement between the applicants and the Granville Island Hotel. Article 5 of the Lease, "Conduct of Business by Tenant" is specific in addressing these matter. It states:
5.1(b)Prohibited Uses. The Tenant will comply with the permitted use provisions of the Head Lease, and specifically will not use the Premises as a private club or other facility not open for business with the public. The Tenant will not, at any time, carry on or allow to be carried on in the Premises any night club, cabaret, casino or sports bar and specifically will not:
Cont’d
Clause No. 5 (Cont’d)
(i)show film or video presentations in a manner not in keeping with a first class restaurant and licensed lounge/pub;
(ii)permit performances by dancers, entertainers or other live cabaret-style acts;
(iii)install, or permit to be used, a dance floor;
(iv)install or operate stages, disk jockey booths, strobe lighting or other equipment common to cabarets;
(v)permit or promote games, including, but not limited to pinball machines, video games and shuffle boards (but may permit or promote darts or billiard tables); or
(vi)host, permit or organize gambling in any form including draws, casinos or bingo.
The Landlord agrees to consider and approve acting reasonably requests of the Tenant to permit entertainment on an exceptional basis so long as such entertainment is consistent with a first class restaurant and licensed lounge/pub operating in a hotel.
5.1(d)Noise. The Tenant acknowledges that the Landlord operates the Hotel in the Building and that noise at night could represent a material interference with the Landlord's business. Consequently, the Tenant covenants and agrees with the Landlord:
(i)the Patio and all outdoor areas used by the Tenant will close at 11:00 p.m. local time on each Sunday, Monday, Tuesday and Wednesday evening, and at 12:00 midnight local time on each Thursday, Friday and Saturday evening;
(ii)no music shall be permitted in the Premises which is audible outside the Premises.
For the purpose hereof, the Patio will not be considered "closed" unless service to patrons has ceased and all or substantially all patrons have departed or moved indoors. The Tenant agrees to limit service and notify patrons prior to the required closing hours to ensure that the Patio and outdoor areas do not contain patrons after the required closing hours.
Cont’d
Clause No. 5 (Cont’d)
The Tenant covenants to use all reasonable efforts to restrict all noise produced on the Premises so that such noise does not escape from the Premises or disturb Hotel guests and specifically agrees not to use vacuum cleaners at night or open or close garbage container lids at night in any manner that produces noise in the Hotel guest rooms."
In response to questions of the Commission Mr. Coates advised problems with the previous occupants were not controlled by provisions of the lease as the hotel owners ran the establishment.
The following speakers opposed the application:
* Gordon Watson, resident;
* Alan Clapp, Deluxe Productions Canada Ltd;
* Charles Brown, False Creek South Neighbourhood Association; and
* Norton Youngs, resident.
The following were among the reasons given for not supporting the application:
-an increase in the amount of traffic caused by patrons coming to and from the property will result in increased noise affecting residents;
-lease addresses only patrons on the property and not patrons having left the property;
- patrons may purchase off-sales and stay in the area drinking illegally; and
-there are already 16 liquor outlets on the Island, an additional outlet is not needed.
David McCann, Creek House Gallery, expressed support for the application given the Island’s mandate to serve the lower mainland as a people place during the day and evening. With respect to traffic concerns, Mr. McCann noted the increased number of residents on the Island is likely responsible for the increase in traffic.
Commission members acknowledged the concerns raised by those opposing the application. However, given the lease agreement between the Hotel and applicant respecting noise concerns members expressed support for a temporary permit. Speakers were advised to direct concerns regarding traffic and noise to the City’s Traffic Engineer and the Environmental Health Department respectively.
Cont’d
Clause No. 5 (Cont’d)
The following motion by Councillor Herbert was put and carried. Therefore, the Commission
RECOMMENDED
THAT Vancouver City Council endorse the request by Creek Brewery Ltd. for a 62-seat patio (subject to the patio closing at 11:00 p.m.) and off-premises sales at the licensed 'A' Pub at the Granville Island Hotel, 1253 Johnston Street, having considered the opinion of the area residents and business operators as determined through the neighbourhood notification process, subject to a renewal Development Permit limited to a time period of four months or a covenant negotiated by the Legal Services Department.
- CARRIED UNANIMOUSLY
The Commission adjourned at 9:50 p.m.
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