Vancouver Liquor Licensing Commission Report

REPORT TO COUNCIL

VANCOUVER LIQUOR LICENSING COMMISSION

September 16, 1999

A regular meeting of the Vancouver Liquor Licensing Commission was held on Thursday September 16, 1999, at 7:30 p.m., in Committee Room No. 1, Third Floor, City Hall.

PRESENT: Councillor Lynne Kennedy

Councillor Don Bellamy
Councillor Alan Herbert
Councillor Daniel Lee

ALSO PRESENT: Michael Gordon, Central Area Planning

Guy Gusdal, License Coordinator
Inspector Dave Jones, I/c District 1, Police Department Brent MacGregor, Deputy City Manager Judy Rogers, City Manager
Paul Teichroeb, Chief License Inspector
Ulli Watkiss, City Clerk

CLERK: Diane M. Clairmont

ADOPTION OF MINUTES

The minutes of the Vancouver Liquor Licensing Commission regular meeting held July 22, 1999, were approved as circulated.

The Commission agreed to vary the order of the agenda.

RECOMMENDATIONS

4. 1240 Thurlow Street - Oasis Restaurant File: 2615-14/RTS: 785

Class 'D' Neighbourhood Pub

The Commission had before it an Administrative Report dated July 12, 1999 (on file), in which the Chief License Inspector recommended Council consider the request by Oasis Restaurant Ltd. for a 65-seat with 20-seat patio Class 'D' Neighbourhood Pub with off-premise sales at 1240 Thurlow Street.

Councillor Alan Herbert declared that due to perceived conflict of interest, he would not participate in the discussion or vote relating to this item. He left the Chamber at 7:35 p.m. and returned following the vote at 9:15 p.m.
Guy Gusdal, License Coordinator, Property Use & Licence Division and Judy Rogers City Manager, spoke to the report:

Highlights of Discussion:
· density of seating in the West End and lack of a policy to cover this aspect of licensing is a concern
· there may be potential conflict with Liquor Control and Licensing Branch regulations as to the number of licensed establishments an individual can own
· the City Manager suggested it might be timely to conduct a study of the area bordered by Robson, Burrard, Denman and Davie Streets to include assessment of the relationship of licensed establishments with planning issues, number of establishments in the area, demand for establishments; this process has been done in other parts of the City; this study would not preclude the applicant's request, but postpone a decision until more information is available
· a referendum review will also examine other potential procedures for pubic involvement and make recommendations
· if a decision to conduct a referendum is made now, would the current process be followed or would the process be delayed until the review is completed?
· provincial liquor review is not yet completed and may impact this issue

Bert Hick, agent for the applicant and Phil Moon, applicant, submitted a brief and two petitions (on file) and spoke to the report:

Highlights of Discussion:
· preliminary site approval by the Liquor Control and Licensing Branch will deal with the proximity of the Oasis to other pubs in the area
· LCLB has jurisdiction regarding the number of pubs owned by an operator
· conducting the referendum early in 2000 would be satisfactory to the applicant as the provincial process would take until then to complete
· concerns regarding 'street kids' have been alleviated as entry to the establishment is on Thurlow Street, not Davie Street, and a gate is in place
· patio seating will be reduced to 20
· noise is not a concern due to configuration of the patio
· lineups not anticipated as a problem
· neighbourhood pubs are meant to be a integral part of neighbourhood, not a place accessible only by vehicle

The following spoke in favour of the applicant:
Anthony Gregg resident of area
André Tardif resident of area
Rick Hurlbut business owner in area
Douglas Gault resident of area
Don Kopeck resident of area
Robert Pont resident of area
Robert Kaiser resident of area

Highlights of Speakers' comments:
· off-site sales would not be a problem
· development of this area would establish the Davie Street area as a destination of choice by both the local and international gay community; this would enhance business and economic viability of the area
· quiet and secure establishments necessary in the area
· this establishment and others in the area assist community through charity events and fundraising; provides social and health service functions not readily available for this population
· Granville Street entertainment zone caters to one demographic only
· will offer employment opportunity for 60 to 70 people from community

Jamie Lee Hamilton, resident of Vancouver, spoke in favour of the applicant but with reservations:
· proximity to residential area has to be considered
· treating each applicant on a case by case basis is not a solution; City policy has to be maintained in order to not show appearance of conflict of interest
· community must have right to voice opinions; however, current cost of conducting referenda is onerous

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

RECOMMENDED

THAT Council advise the Liquor Control & Licensing Branch it will not consider endorsing the request by Oasis Restaurants Ltd. for a 65-seat with 20-seat patio Class
'D' Neighbourhood Pub with off-premise sales at 1240 Thurlow Street until a planning policy review of licensed seats in the area bordered by Davie, Denman, Robson and Burrard Streets has been conducted.

- CARRIED

(Councillor Herbert not present for the vote)

5. 50 West Cordova Street - Hildon Hotel File: 2612-1 RTS: 810

Change in Hours of Operation in Class 'A' Pub

The Commission had before it an Administrative Report dated August 24, 1999 (on file), in which the Chief License Inspector recommended Council not endorse a request by Newton Investments Ltd. for a change in hours of operation in the Class 'A' Pub at the Hildon Hotel, 50 West Cordova Street

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

Dennis Coates, agent for the applicant and Graham McKenzie, Corporate Lawyer and Trustee of the property spoke to the report:

Highlights of Discussion:
· applicant is prepared to enter into Legal Agreement which would include reference to rollback of hours and maintaining the current number of SRO units despite what revised provincial liquor regulations might state
· owners of the property work diligently to enhance the area and provide service to incoming residents of Gastown area
· policy does not relate to current situation in Gastown which has seen considerable social improvement

The following spoke in favour of the applicant:
Craig MacMillan Gastown Homeowners' Association
Jamie Lee Hamilton resident of Vancouver
Blaine Culling business owner

Highlights of the Discussion:
· homeowners of area support the change of hours
· changing hours does not set a precedent; good corporate citizenship on the part of the applicant should be rewarded

Ian MacRae spoke opposing the applicant:
· would be disruptive to the neighbourhood due to noise level at closing
· 106 units of social housing are being developed at 65 West Cordova
· change of hours would not be fair to other pub owners in area

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

RECOMMENDED

A. THAT Council, having considered that the majority of area residents and business operators of the community are in favour of the application as determined by neighbourhood notification, endorse the request by Newton Investments Ltd. for a change in hours of operation in the Class 'A' Pub at the Hildon Hotel, 50 West Cordova Street subject to Newton Investments Ltd. signing a legal agreement with the City following provisions agreed to by the applicant:

i) to roll back closing hours if complaints are received from the neighbourhood
ii) to maintain the current number of SRO units in the development
iii) to hold the seating capacity to current numbers regardless of any changes to the seating capacity regulations as a result of the provincial liquor license review

FURTHER THAT this agreement must be executed by the Applicant before the matter is sent to Council for approval.

B. THAT Newton Investments Ltd. be required to enter into a Good Neighbour Agreement with the City prior to any license approval reflecting changes.

- CARRIED UNANIMOUSLY

7. Clarification of Interpretation and Practice of File: 2611

Council Liquor License Policy

The Commission had before it a memo dated September 9, 1999. Paul Teichroeb, Chief License Inspector, spoke to the memo.

Jamie Lee Hamilton, resident of Vancouver, expressed concerns regarding liquor licensing issues:

· if decisions regarding applications are made on a case to case basis, an appearance of conflict of interest could develop
· public consultation process is beneficial

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

RECOMMENDED

THAT the memo, dated September 9, 1999, on Clarification of Interpretation and Practice of Council Liquor License Policy be received for information.

- CARRIED UNANIMOUSLY

8. 1025 Davie Street - Class 'D' Neighbourhood Pub File: 2615-7/RTS: 964

Fountainhead Pub - Referendum Results

The Commission had before it an Administrative Report dated September 14, 1999 (on file), in which the Chief License Inspector recommended Council endorse the application by Fountainhead Pub Ltd. for a 65-seat Class 'D' Neighbourhood Pub with 20-seat patio seats conditional upon there being no appeals received prior to the end of the appeal period of October 4, 1999.

Guy Gusdal, License Coordinator, Property Use & Licence Division, spoke to the report noting that the referendum result of 78.3% is one of highest responses in favour of a neighbourhood pub.

Bert Hick, agent for the applicant and Phil Moon, applicant, spoke to the report:

Highlights of Discussion:
· referendum review is welcomed and necessary
· applicant advised financing is a concern due to inclusion of time limited development permit and legal agreement which were not part of the original proposal
· Chief License Inspector advised a suitable legal agreement could be written to include controls that would not impede financing

Douglas Gault, resident of area, spoke in favour of the application.

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

RECOMMENDED

THAT the Vancouver Liquor Licensing Commission, having considered that the majority of area residents and business operators of the community are in favour of the application 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, advise the General Manager, Liquor Control & Licensing Branch, that it supports the application by Fountainhead Pub Ltd. for a 65-seat Class 'D' Neighbourhood Pub with 20-seat patio on private property subject to:

i) no off-premise sales
ii) hours of operations:

10:00 a.m. to 12:00 midnight Monday to Thursday
11:00 a.m. to 1:00 a.m. Friday and Saturday
11:00 a.m. to 12:00 midnight Sunday

iii) the patio closing at 11:00 p.m.
iv) signing of Good Neighbour Agreement and legal agreement

FURTHER THAT this endorsement is conditional upon there being no appeals received prior to the end of the appeal period of October 4, 1999.

- CARRIED UNANIMOUSLY

INFORMATION

1. Provincial Liquor Review File: 2611-1

The Commission received a verbal report on this matter for information.

Councillor Lynne Kennedy advised that Finance Minister Gordon Wilson will be the minister to head the Provincial Liquor Review. The next meeting of the Advisory Panel is scheduled October 5, 1999. Paul Teichroeb, Chief License Inspector, advised he attended a working group on September 16, 1999 and work is progressing. (Clerk's note: Effective

after this meeting, the Minister heading the Provincial Liquor Review will be Finance Minister Paul Ramsey.)

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

RECOMMENDED

THAT the verbal report regarding the Provincial Liquor Review be received for information.

- CARRIED UNANIMOUSLY

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

City Process Review Requirements

The Commission received a verbal report on this matter for information.

Brent MacGregor, Deputy City Manager, advised a Committee has been established; Ulli S. Watkiss, City Clerk, is Chair. The Committee will consider the directives of Council and together with staff and consultants develop a referendum process by early 2000.

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

RECOMMENDED

THAT the verbal report regarding the Provincial Liquor License - Bill 80 City Process Review Requirements be received for information.

- CARRIED UNANIMOUSLY

3. 1236 West Broadway - The Big Bam Boo Cabaret File: 2613-14

The Commission received a verbal report on this matter for information.

Paul Teichroeb, Chief License Inspector, advised the licensees have agreed to work with City staff and the Vancouver Police Department to formulate and sign a Good Neighbour Agreement. The agreement has been forwarded to the Police for approval and to have the licensees sign.

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

RECOMMENDED

THAT the verbal report regarding 1236 West Broadway - The Big Bam Boo, be received for information.

- CARRIED UNANIMOUSLY

6. 1098 Davie Street - Pacific Inn Transit Association File: 2612-1 RTS: 916

Class 'A' Liquor License (Social Club)

This item was withdrawn.

9. 893 Homer Street - Voda Lounge

In response to Councillor Kennedy's query regarding letters of complaint received regarding Voda, Guy Gusdal, Licensing Coordinator, advised that information was being gathered in order to conduct a review with the licensee.

The Commission adjourned at 10:35 p.m.

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