ADMINISTRATIVE REPORT

Date: September 21, 1999
Author/Local:Guy Gusdal (6461)
RTS No. 956

CC File No. 2612-2

CS&B: October 21, 1999

TO:	Vancouver Liquor Licensing Commission
FROM:	Chief License Inspector
SUBJECT:	1676 Duranleau Street - 437172 B.C. Ltd., 533050 B.C. Ltd., Real Holdings Ltd. and M.V. Marco Polo Charters Ltd. Limited Dockside Liquor Service

CONSIDERATION

A. THAT Council, having considered the opinion of residents and business operators of the community as determined by neighbourhood notification, endorse the application by 437172 B.C. Ltd., for limited dockside liquor service a half-hour prior to the departure of the M.V. Destiny 1, from the docking facility operated by Vancouver Champagne Cruises Inc., at 1676 Duranleau Street, subject to:

i) Dockside liquor service being limited to a half-hour prior to departure.

ii) No dockside liquor service to be permitted upon the vessel’s return to the dock.

iii) Liquor service to cease 15 minutes prior to the vessel’s return to the dock.

iv) Dockside liquor service for the departing vessel to be limited to between 11:00 a.m. and 8:00 p.m., Monday to Sunday.

v) Be applicable to the above noted vessel only.

B. THAT Council, having considered the opinion of residents and business operators of the community as determined by neighbourhood notification, endorse the application by 533050 B.C. Ltd., for limited dockside liquor service a half-hour prior to the departure of the M.V. Malecite from the docking facility operated by Vancouver Champagne Cruises Inc., at 1676 Duranleau Street, subject to:

i) Dockside liquor service being limited to a half-hour prior to departure.

ii) No dockside liquor service to be permitted upon the vessel’s return to the dock.

iii) Liquor service to cease 15 minutes prior to the vessel’s return to the dock.

iv) Dockside liquor service for the departing vessel to be limited to between 11:00 a.m. and 8:00 p.m., Monday to Sunday.

v) Be applicable to the above noted vessel only.

C. THAT Council, having considered the opinion of residents and business operators of the community as determined by neighbourhood notification, endorse the application by Real Holdings Ltd., for limited dockside liquor service a half-hour prior to the departure of the M.V. Vancouver Spirit from the docking facility operated by Vancouver Champagne Cruises Inc., at 1676 Duranleau Street, subject to:

i) Dockside liquor service being limited to a half-hour prior to departure.

ii) No dockside liquor service to be permitted upon the vessel’s return to the dock.

iii) Liquor service to cease 15 minutes prior to the vessel’s return to the dock.

iv) Dockside liquor service for the departing vessel to be limited to between 11:00 a.m. and 8:00 p.m., Monday to Sunday.

v) Be applicable to the above noted vessel only.

D. THAT Council, having considered the opinion of residents and business operators of the community as determined by neighbourhood notification, endorse the application by, M.V. Marco Polo Charters Ltd., for limited dockside liquor service a half-hour prior to the departure of the M.V. Vancouver Sunset from the docking facility operated by Vancouver Champagne Cruises Inc., at 1676 Duranleau Street, subject to:

i) Dockside liquor service being limited to a half-hour prior to departure.

ii) No dockside liquor service to be permitted upon the vessel’s return to the dock.

iii) Liquor service to cease 15 minutes prior to the vessel’s return to the dock.

iv) Dockside liquor service for the departing vessel to be limited to between 11:00 a.m. and 8:00 p.m., Monday to Sunday.

v) Be applicable to the above noted vessel only.

E. THAT Council advise the Liquor Control and Licensing Branch it does not support the applications by 437172 B.C. Ltd., 5533050 B.C. Ltd., Real Holdings Ltd., and M.V. Marco Polo Charters Ltd., for limited dockside liquor service a half-hour prior to the departure of the M.V. Destiny 1, M.V. Malecite, M.V. Vancouver Spirit and M.V. Vancouver Sunset from the docking facility operated by Vancouver Champagne Cruises Inc., at 1676 Duranleau Street.

GENERAL MANAGER’S COMMENTS

The General Manager of Community Services submits items A, B, C, D and E for CONSIDERATION.

COUNCIL POLICY

There are no Council policy guidelines regarding dockside liquor service.

PURPOSE

437172 B.C. Ltd., 533050 B.C. Ltd., Real Holdings Ltd. and M.V. Marco Polo Charters Ltd. are requesting a Council resolution endorsing their application for limited dockside liquor service a half-hour prior to departure of the M.V. Destiny 1, M.V. Malecite, M.V. Vancouver Spirit and M.V. Vancouver Sunset from the Vancouver Champagne Cruises Inc., docking facility at 1676 Duranleau Street.

BACKGROUND

Liquor Control and Licensing Branch Policy No. A426 states that “liquor may not be served when the vessel is tied up at dock or anchored offshore”. The applicants’ request a Council resolution to enable them to approach the Liquor Control and Licensing Branch for an exercise of discretion of Branch policy to allow limited dockside liquor service approximately one half-hour prior to departure.

All the vessels are certified for charters and cruises and hold valid and current liquor licenses. The clientele is largely made up of convention and conference delegates who often arrive up to an hour prior to the departure of the cruises. At present the applicants are unable to serve liquor until the vessels have departed.

Liquor service on board usually occurs between 11:00 a.m. and 10:00 p.m. and dockside service would be limited to between 11:00 a.m. and 8:00 p.m. The cruises are closed, private events and passengers are not likely to cause disturbances or create problems.

Within the survey area is a mixture of retail, office, neighbourhood pub, restaurant, hotel, residential and marina uses. There are four Class ‘A’ Lounges (695 seats), one Class ‘A’ Pub (125 seats), one Class ‘D’ Neighbourhood Pub (100 seats) and approximately 10 restaurants.

DISCUSSION

On May 26, 1998, Council endorsed a similar request by HF Management Ltd., for their facility at 501 Denman Street, subject to the conditions submitted in this report. Liquor Control and Licensing Branch approval was granted to H.F. Management Ltd., on June 25, 1999 to permit dockside liquor service subject to the same conditions given by Council.

Following is an excerpt of the Liquor Licensing Committee hearing rationale for approval:

“The committee acknowledged that the policy was based on the premise that the primary intention for motor vessel licensing was the service of liquor while the vessel was underway and that generally it was not in the public interest to permit liquor service at dockside. Need of the community as opposed to the needs of applicants or patrons for the dockside service was also a consideration.

The committee decided that the public interest issues in dockside service related to potentially negative effects on a community from dockside service. The committee accepted that it is common for motor vessels to be docked in close proximity to each other. Permitting dockside service on numerous vessels tied at a common dock might not be in the public interest if one were to consider potential for noise and behaviour nuisances that might arise.

The committee went on to conclude that an exercise of discretion could be made where the applicant was able to provide compelling reasons why the service of liquor was not contrary to the public interest and that there was a community need for the service.”

COMMENTS

The Police Department has no concerns provided the specified conditions are adhered to.

The Planning Department has reviewed the application and has no comments.

The Environmental Health Division of the Vancouver/Richmond Health Board has no objections provided no dockside liquor service occurs after 10:00 p.m. each evening.

The Social Planning Department and Housing Centre have no comment.

The results of the neighbourhood notification process will be provided to the Commission at the meeting.

CONCLUSION

Staff is putting this application forward for Council’s consideration, noting there is no policy for dockside liquor service. A similar service operating at 501 Denman Street has not resulted in any complaints.

This application includes four vessels, which raises some concerns related to the close proximity of liquor service and the possibility of a pre-cruise party type atmosphere dockside.

Feedback from the area notification will provide Council with valuable information related to existing and potential impacts from dockside liquor service on the vessels.

ATTACHMENTS THAT DO NOT HAVE ELECTRONIC COPY ARE AVAILABLE ON FILE IN THE CITY CLERK'S OFFICE

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(c) 1998 City of Vancouver