I

REPORT TO COUNCIL

VANCOUVER LIQUOR LICENSING COMMISSION

July 22, 1999

A regular meeting of the Vancouver Liquor Licensing Commission was held on Thursday July 22, 1999, at 7:30 p.m., in Committee Room No. 1, Third Floor, City Hall.

PRESENT:

Councillor Don Bellamy (Acting Chair)
Councillor Alan Herbert
Councillor Daniel Lee
Councillor Nancy A. Chiavario

ALSO PRESENT: Guy Gusdal, License Coordinator

Alfred Guthrie, Noise Control Supervisor,
Vancouver/Richmond Health Board
Brent MacGregor, Deputy City Manager
A/Insp. Grant Smith
Paul Teichroeb, Chief License Inspector

ABSENT: Councillor Lynne Kennedy (civic business)

CLERK: Diane M. Clairmont

ADOPTION OF MINUTES

The minutes of the Vancouver Liquor Licensing Commission regular meeting held June 17, 1999, were approved as circulated.

INFORMATION

1. Provincial Liquor Review File: 2611-1

This item was deferred to the September 1999 meeting of the Vancouver Liquor Licensing Commission.

RECOMMENDATION

2. 911 Denman Street - Mohammad Kashani File: 2613-13/RTS: 669 Restaurant Class 2

The Commission had before it a memo dated June 17, 1999 from Vancouver/Richmond Health Board (on file) and the Administrative Report dated June 17, 1999 (on file).

Guy Gusdal, Property Use and License Coordinator, and Alfred Guthrie, Vancouver/Richmond Health Board, spoke to the reports:

Highlights of Discussion:
_ while the recommendation of staff is contrary to Council's policy, the recommendation is based on mitigating circumstances related to the proposed type of entertainment
_ effects of volume and both physical and regulatory controls to maintain acceptable levels were reviewed

Jim Keenan, Keenan Consulting; Max Tomaszewski, Amadon Group; and Michael Noble, BKL Consultants, spoke on behalf of the applicant.

Highlights of Discussion:
_ the applicant extends his regrets that he could not attend the meeting personally
_ with reference to the letter from Keenan Consulting, dated July 22, 1999 (on file), the applicant is prepared to comply with all requirements detailed by the Vancouver/Richmond Health Board; these requirements can also be tied into the lease covenant for subsequent lease holders
_ the music format proposed and the nature of the building envelope/sealed windows would ensure the noise level is contained within the building
_ Vancouver/Richmond Health Board report was conservative and requests for noise containment were to avoid future problems
_ there is a need for this type of establishment in the area
_ regulations relating to closure times were reviewed; representatives for the applicant indicated they could not speak for him regarding changes of hours
_ staff noted that if recommendations were followed, the proposal is viable; however, guarantees must be explicitly written and agreed upon

Clause No. 2 (cont'd)

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

RECOMMENDED

THAT Council endorse the request by Mohammad Kashani for a 150-seat Restaurant-Class 2 at 911 Denman Street subject to:

a) the recommendations of the Vancouver/Richmond Health Board:

i) strict limit to the type of entertainment that can be provided and an undertaking by the applicant to contain the noise levels within the confines of the premises;
ii) these provisions be extended to any subsequent ownership which is not subject to a full license review

b) signing of a Good Neighbour Agreement with the City before the issuance of a Business License
c) the type of music/entertainment permitted in the establishment to be written into the Good Neighbour Agreement; lease with the owner of the building; Business License and Time Limited Temporary Permit

- CARRIED UNANIMOUSLY

It was noted that procedures are in place whereby the Vancouver Liquor Licensing Commission, City staff, Vancouver Police Department and Vancouver/Richmond Health Board can manage problematic situations.

3. 602 Dunsmuir Street - St. Regis Hotel File: 2612-1 RTS: 767

The Commission had before it an Administrative Report dated June 17, 1999 (on file), in which the Chief License Inspector recommended Council endorse a request by St. Regis Investments Ltd. to change its hours of operations.

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

Clause No. 3 (cont'd)

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

RECOMMENDED

A. THAT Council endorse the request by St. Regis Investments Ltd., to change the hours of operation to between 11:00 a.m. and 1:00 a.m., Monday to Saturday, in the Class `A' Pub at the St. Regis Hotel, 602 Dunsmuir Street, subject to the following:

i) A signed Good Neighbour Agreement

ii) A Legal Agreement to the satisfaction of the Chief License Inspector and the Director of Legal Services.

- CARRIED UNANIMOUSLY

4. 88 West Pender Street - Class 'D' File: 2615-10 RTS: 865

Neighbourhood Pub
International Village (Allen Lai) - Referendum Results

The Commission had before it an Administrative Report dated July 2, 1999 (on file), in which the City Clerk that Council support the application by Allen Lai for a 65-seat Class 'D' Neighbourhood Pub with 20-seat patio and on-site brewery subject to specific conditions and conditional upon there being no appeals received prior to the end of the appeal period of August 2, 1999.

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

Highlights of the Discussion 
_ in order to comply with Liquor Control & Licensing Branch terminology, an amended recommendation was brought forward by staff
_ there have been no appeals to date

Bert Hick, Hick & Associates Consulting Ltd., Agent for the Applicant, spoke to the report stating he has no objections to the amended recommendation.

Clause No. 4 (cont'd)

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

RECOMMENDED

THAT Council having considered the opinion of the majority of residents and business operators of the community as determined by neighbourhood notification and having considered the proximity of residential developments, traffic patterns, road access, availability of parking, noise impacts and the overall design, endorse the application of Allen Lai for an 85-seat (includes 20-seat patio) Class 'D' Neighbourhood Pub with a restaurant at 88 West Pender Street.

FURTHER THAT this application be subject to the following conditions:

i) the development permit be restricted to a renewable four-month time limit

ii) no off-site sales be permitted

iii) the patio be located on private property and close at 11:00 p.m.

iv) before the issuance of the business license, the applicant sign a Good Neighbour Agreement with the City

v) no exotic dancers be permitted

FURTHER THAT this endorsement is conditional upon there being no appeals received prior to the end of the appeal period of August 2, 1999.

- CARRIED UNANIMOUSLY

5. Provincial Liquor License - Bill 80 File: 2611-1

City Process Review Requirements

THE Commission had before it a memo dated July 22, 1999. Brent MacGregor, Deputy City Manager, spoke to the memo.

Clause No. 5 (cont'd)

Highlights of Discussion:
_ a staff report regarding Bill 80 is on the July 27 Council agenda; it addresses the referendum process to ensure the City can react appropriately when new Provincial Liquor regulations are in place

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

RECOMMENDED

THAT the Vancouver Liquor Licensing Commission endorse the review of the City Referendum process as a priority in order to ensure coordination with the revised Provincial Liquor Control and Licencing Act regulations.

- CARRIED UNANIMOUSLY

Paul Teichroeb, Chief License Inspector will provide a status report at the Vancouver Liquor Licensing Commission September meeting.

6. 99 Powell Street - Class 'D' Neighbourhood Pub File: 2615-1

The Commission had before it a memo dated July 22, 1999. Paul Teichroeb, Chief License Inspector spoke to it. He advised that Liquor Control and Licensing Branch requested a change to wording in the motion originally passed by Vancouver City Council on July 7, 1998.

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

RECOMMENDED

THAT to comply with the request of the Liquor Control & Licensing Branch, the Council motion of July 7, 1998 be amended as follows (italics denote amendment):

Clause No. 6 (cont'd)

THAT Vancouver City Council having considered the opinion of the majority of residents and business operators of the community as determined by neighbourhood notification and having considered the proximity of residential developments, traffic patterns, road access, availability of parking, noise impacts and the overall design, endorse the application of 561109 B.C. Ltd. for an 85-seat (includes 20-seat patio) Class `D' Neighbourhood Pub with a restaurant at 99 Powell Street.

FURTHER THAT this application be subject to the following conditions:

i. The development permit be restricted to a renewable four-month time limit.

ii. No off-site sales be permitted

iii. The patio be located on private property and close at 10:00 p.m.

iv. Before the issuance of the business license the applicant sign a "good neighbour" agreement with the City, which will involve participation by neighbourhood representatives initially and in the renewal process.

v. A legal agreement with the property owner, the cabaret owner (Club Elite), the City of Vancouver and the applicant to ensure the closure of the existing cabaret to the satisfaction of the Chief License Inspector, Director of Central Area Planning and Director of Legal Services.

vi. A letter of undertaking, signed by the property owner and the applicant, submitted in conjunction with the development permit application and to form part of the development permit, ensuring that adequate soundproofing measures are implemented in the building to the satisfaction of the Director of Planning and Director of Environmental Health.

vii. Live entertainment be limited to one entertainer, with the exception of special events held in conjunction with community-wide festivals.

viii. The proposed restaurant close no later than the neighbourhood pub.

ix. No exotic dancers be permitted.

- CARRIED UNANIMOUSLY

INFORMATION

7. Time Limited Development Permit File: 2611/RTS: 677

Paul Teichroeb, Chief License Inspector, advised this report will be on the July 29, 1999 agenda of the Standing Committee on Planning & Environment.

The Commission adjourned at 8:30 p.m.

*****

(c) 1998 City of Vancouver