Staff Report: Change to Hours – Ma Miller's Pub, 2903 Sooke Road (LLP19-0001)

Background

Ma Miller’s Pub has applied to the Liquor and Cannabis Regulation Branch (formerly known as the Liquor Control and Licensing Branch) to change the hours of their existing liquor license. Ma Miller’s Pub is wanting to open two hours early on Saturdays and Sundays, starting at 9am, in order to serve breakfast.

When new Liquor Primary Licenses are applied for or when changes are made to existing Liquor Primary Licenses, the Local Government is required to choose whether or not they would like to opt in or out of notifying the community surrounding the licensed premise. If the City would like to make any comments they must opt into notification. If they do not wish to notify, they are not permitted to submit comments or state whether or not they are in favour of approval. If the City opts out of the notification process, the Liquor and Cannabis Regulation Branch will complete notification on their own.

If the Local Government decides to opt in, the Liquor and Cannabis Regulation Branch has certain requirements on what must be considered. The City must take into account the location of the establishment as well as the person capacity and hours of liquor sale. The resolution must also specifically speak to the following:

• The impact of noise on nearby residents
• The impact on the community if the application is approved
• The view of residents and a description of the method used to gather views
• The Local Government recommendations (including whether or not the application be approved) and the reasons on which they are based

If Council chooses to notify, Staff will complete a second staff report summarizing any responses received. The Liquor and Cannabis Regulation Branch requires local governments to provide their resolution and comments within 90 days if they choose to opt into providing comments and completing notification.

LLP19-0001 — 2903 Sooke Lake Road / Ma Miller’s Pub

In February of 2018, Ma Miller’s Pub applied to the Liquor and Cannabis Regulation Branch to alter their liquor license area and increase their occupancy load by an additional 31 people. Ma Miller’s Pub used to have a section of the pub that had a food primary license, and another that had a liquor primary license. They wanted to remove the food primary license and operate entirely as a liquor primary. Council chose to opt out of notification in this instance.

Commentary

Ma Miller’s Pub would like to open two hours early on Saturdays and Sundays, starting at 9am, in order to serve breakfast. It is considered an industry standard to be able to offer caesars, mimosas, and other similar style alcoholic beverages during a breakfast service. The total occupancy for Ma Miller’s Pub is 147 people and the following is a breakdown of the current and proposed hours of Ma Miller’s Pub:

Existing Hours:

Proposed Hours:

The Bylaw Department has been consulted and have stated that they have no concerns with the proposed changes.

Given that the Bylaw Department has no concerns, and the proposed change to hours is occurring in the morning, Council may find it appropriate to opt out of the public notification process in this instance.

Alternatively, if Council would like to participate in public notification, they may choose to do so in a style similar to a Development Variance Permit which is what has been done for past liquor license applications. Notifying in a manner similar to Development Variance Permits would require mail-outs to be sent to all property owners and occupants within a 30 meter radius of the subject property.

Options

That Council:

1. Inform the Liquor and Cannabis Regulation Branch that the City of Langford will opt out of public notification for the change to hours of the existing Liquor Primary License for Ma Miller’s Pub located at 2903 Sooke Lake Road;

OR

2. Inform the Liquor and Cannabis Regulation Branch that the City of Langford will conduct public notification;

AND

3. Direct Staff to notify all property owners and occupants within a 30 meter radius of the subject property.

Respectfully submitted,

Submitted by:
Julia Buckingham, Planner I

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning

Concurrence:
Chris Aubrey, Fire Chief

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

Concurrence:
Adriana Proton, Manager of Legislative Services

Concurrence:
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering

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

Appendix A – Site Map

Appendix B – Location Map