Staff Report: Application for Patron Participation Entertainment Endorsement at The Rack Bistro, 2345 Millstream Road

Background

Cole Byers applied to the Liquor and Cannabis Regulation Branch (LCRB) for a Patron Participation Entertainment Endorsement at 2345 Millstream Road, The Rack Bistro.

At a regular Council meeting on May 4th, 2015, Council decided to opt back into the Liquor Licensing process. Now that Langford is again part of the Province’s Liquor License approval process, a resolution from Council is required before the license can be granted by the Liquor and Cannabis Regulation Branch (LCRB).

On February 15th, 2019, Council resolved to inform the LCRB that the City of Langford would like to undertake Public Notification for liquor license applications on an as-needed basis, so that Council could provide the LCRB with informed feedback. In those instances where the City undertakes the Public Notification, and in conjunction with providing a recommendation, the LCRB also require staff and Council to comment on noise, the impact on the community, and information on the notification process and the accompanying results.

Should Council wish to provide comments to the LCRB in this instance, the City must consider the location of the establishment, as well as the person capacity and hours of liquor sale. The comments would have to 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; and
• The Local Government recommendations (including whether or not the application be approved) and the reasons on which they are based.

Commentary

The applicant is proposing to acquire the endorsement of patron participation to their existing food-primary service license. The existing use within Zoning Bylaw No. 300 will not be affected.

Examples of permitted forms of entertainment include: dancing, singing, stand-up comedy, open mic, and trivia nights, etc., provided that food service is available and remains the primary focus of the establishment at all times. Forms of entertainment that are not permitted include: workshops, lessons, wine tastings, adult entertainment, or other activities that shift the primary focus away from the service of food. The patron participation entertainment must end by midnight. Of note, the establishment concludes service at 11:00 pm on Friday and Saturday.

If Council wishes to provide comments to the LCRB, the City must answer all the criteria mentioned above including whether there will be an impact of noise on nearby residents and whether there will be an impact on the community. Of note, there are no Bylaw Enforcement files for the subject properties. Staff have not assessed the application using the above noted criteria. This would require Council to direct Staff to opt into the notification process, in which case Staff will assess the application based on the noted criteria. Alternatively, Council may choose not to opt into the notification process, as per Option 1 set out below.

Options

Option 1

THAT Council:

1. Direct staff to Inform the Liquor and Cannabis Regulation Branch that the City of Langford has no objections and will opt out of the notification process for the Patron Participation Entertainment Endorsement of the Rack Bistro located at 2345 Millstream Road.

OR Option 2

THAT Council:

1. Direct staff to inform the Liquor and Cannabis Regulation Branch that the City of Langford will be conducting our own notification process for the Patron Participation Entertainment Endorsement of the Rack Bistro located at 2345 Millstream Road.

AND

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

Submitted By

Matt Notley, Planner II, Long Range Planning

Concurrence

• Leah Stohmann, Deputy Director of Planning and Subdivision, MCIP, RPP
• Donna Petrie, Senior Manager of Business Development and Events
• Yari Nielsen, Director of Parks, Recreation and Facilities
• Matthew Baldwin, MCIP, RPP, Director of Planning and Subdivision
• Katelyn Balzer, P.Eng., Director of Engineering and Public Works
• Michael Dillabaugh, CPA, CA, Director of Finance
• Marie Watmough, Deputy Director of Corporate Services
• Braden Hutchins, Director of Corporate Services
• Darren Kiedyk, Chief Administrative Officer