Report — Royal Canadian Legion Branch No. 91 Application for Additional Liquor Primary Capacity (Staff Report — Planning)

Background

On July 26th, the Royal Canadian Legion, Branch No. 91 located at 761 Station Avenue applied to the Liquor Control and Licensing Branch (LCLB) to increase the capacity by 52 people on their existing Liquor Primary License. The additional capacity would be supported by a patio addition.

On December 4th, 2017, Council reviewed this proposal and resolved to conduct our own notification in regards to the application and to notify via mail-outs to all properties within a 30 m radius of the subject property.

Council now must reflect upon any neighbourhood concerns that resulted from the notification process as well as address key questions required by the LCLB.

Commentary

The LCLB requires that municipalities conducting their own notification provide comments on the following factors:

• The impact of noise on nearby residents
• The impact on the community if the application is approved
• The view of the residents and a description of the method used to gather views
• The local government’s recommendation and the reasons on which they are based

As the proposed patio would be able to hold an additional 52 people, it is likely that there would be some increased noise for the surrounding neighbours. Fortunately, the Legion’s hours are quite reasonable for a licensed establishment with hours only extending late on Friday’s. The Legion’s hours are the following:

For comparison, Darcy’s Pub which is approximately 100m away has hours extending to midnight Sunday through Thursday, and until 2am on Friday’s and Saturday’s. Also, given the local climate it can be assumed that the proposed patio wouldn’t see significant use for many months between late fall and early spring.

Although it is hard to gauge what the impact on the community would be if the application is approved, staff anticipate that it would be minimal. Council will likely have to rely on the comments provided by local residents during the Public Participation portion of the Council meeting or any other written submissions to determine this.

The City conducted their own notification by sending out mail-outs to surrounding properties within a 30 meter radius. The mail-outs provided residents with a brief description of the proposal as well as information on who to contact at City Hall for further information. The mail-outs also invited residents to the January 8th, 2018 Council meeting to express their views in person and offered information on how to submit written comments. This is the same process that the City undertakes for notification of Development Variance Permits.

It should be noted that the Bylaw Department has been consulted on this matter and they have no concerns. Just like any other business with outdoor space, the Legion will have to reasonably govern their patrons in order to maintain a respectful relationship with surrounding neighbours.

At the time this report was completed by staff, no responses from the surrounding neighbours had been received.

Options

That Council:

Option 1

1. Inform the Liquor Control and Licensing Branch that Council recommends that the outdoor patio extension be approved;

Option 2

2. Inform the Liquor Control and Licensing Branch that Council recommends that the outdoor patio extension be approved subject to the following conditions: a. b.

Option 3

3. Inform the Liquor Control and Licensing Branch that Council does not recommend the outdoor patio extension be approved.

Respectfully submitted

Submitted by:
Julia Buckingham, Planning Technician

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning

Concurrence:
Lorne Fletcher, Manager of Community Safety and Municipal Enforcement

Concurrence:
Leah Stohmann, MCIP, RPP, Deputy Director of Planning

Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance

Concurrence:
Braden Hutchins, Director of Corporate Services

Concurrence:
Darren Kiedyk, Chief Administrative Officer

:jb

Appendix A

Appendix B