Staff Report: LLP20-0001 – Bear Mountain Liquor License, 1999 Country Club Way

Background

On March 13, 2020, Anita Moore-Nikoras of Mari Jensen Blair LLP applied to the City on behalf of the licensee Ecoasis Resort & Golf LLP to seek approval for their Structural Change Application they plan to submit to the Liquor and Cannabis Regulation Branch (LCRB). The application form asks whether the municipality or local government would like to opt in or out of notification and comment of the proposed change.

When new liquor primary licenses are applied for or when changes are made to existing liquor primary licenses, municipalities are 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 in support or not. If the City opts out of the notification process, the LCRB will complete notification on their own.

When providing resolution or comments, 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

Once the notification has been completed and sufficient time has passed for people to respond, staff will complete another staff report to Council with an overview of any responses received.

Commentary

The applicant is applying for a Structural Change for their existing liquor license as a form of administrative clean up. There is no proposed physical change to the space, the operating hours, or capacity. A portion of the licensed area is currently licensed under an incorrect license number and will be “moved” to the correct license number. This is an already licensed area that is just having the licensed number changed in order to correct an error made in the past. The area in question is the member’s area lounge and patio. Given this is just an administrative change, Council may wish to opt out of the notification process.

Should Council wish to notify and comment, the standard procedure the City has taken in the past is to notify in the same manner as a Development Variance Permit which is to send mail outs to all neighbours within 30 meters.

Options

That Council:

1. Inform the Liquor and Cannabis Regulation Branch that the City of Langford will opt out of the notification process for the Structural Change application for the existing Liquor Primary License for the Bear Mountain Golf Club located at 1999 Country Club Way;

OR

2. Inform the Liquor and Cannabis Regulation Branch that the City of Langford will be conducting our own notification for the Structural Change application for the existing Liquor Primary License for the Bear Mountain Golf Club located at 1999 Country Club Way;

AND

3. Initiate a notification process that is consistent with what is used for Development Variance Permits by sending mail outs to all properties within a 30 m radius of the subject property;

Respectfully submitted,

Submitted by:
Julia Buckingham, Planner I – Email Approved

Concurrence:
Adriana Proton, Manager of Legislative Services – Email Approved

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning – Email Approved

Concurrence:
Chris Aubrey, Fire Chief – Email Approved

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

Concurrence:
Leah Stohmann, MCIP, RPP, Deputy Director of Planning – Email Approved

Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance – Email Approved

Concurrence:
Braden Hutchins, Director of Corporate Services – Email Approved

Concurrence:
Darren Kiedyk, Chief Administrative Officer – Braden Email Approved

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