Application for an Extended Area of Operation for a Liquor Primary Licence (The Loghouse Pub)

EXECUTIVE SUMMARY

The Loghouse Pub has applied to the Liquor and Cannabis Regulation Branch (LCRB) to add a new patio space to its existing Liquor Primary Licence. As required by regulation, the municipality receives a referral from the provincial regulatory body and may either opt in to conduct the public notification process or opt out, in which case public notification and assessment of the proposal remain with the province.

BACKGROUND

Adding a new patio or otherwise changing the operation permitted under an existing Liquor Primary Licence requires a review by the Liquor and Cannabis Regulation Branch (LCRB). As part of the LCRB review process, the branch refers the licence application to local municipality to ensure alignment with local bylaws and community interests. Upon receiving a referral, the local government has two options:

1. Accept the application for consideration, conduct a public notification process, and provide a recommendation (for or against) along with required input to the LCRB; or
2. Choose not to participate in the review of the application, in which case the LCRB conducts the public input process and decides independently of local government feedback.

When opting in and conducting the municipal notification process, there are recognized criteria and subject areas that the feedback must address. These criteria include the following:

• The impact of noise on nearby residents or businesses;
• Impacts on the community if the application is approved, including public safety concerns, traffic or parking implications, and potential nuisance behavior;
• An assessment of compatibility with surrounding land uses and compliance with municipal bylaws;
• Public consultation results, including methods used to gather community input and feedback received; and
• The local government’s recommendation and supporting rationale.

COMMENTARY

As noted above, the Loghouse Pub has applied to the provincial licencing branch (LCRB) to amend their existing Liquor Primary Licence to include a new patio. In accordance with the process described above, the referral for this application was sent to the City of Langford.

The new patio is proposed to be situated on the south side of the building, within the existing lawn area on private property, and is intended to offer a dog-friendly patio for patrons. Approximately six picnic tables are proposed to be placed directly on the lawn, within the area enclosed by a picket fence. The patio is proposed to operate seasonally, from May 1 to September 30, weather permitting. The applicant has also noted that they engaged the services of a gardener to ensure the area is well maintained and visually appealing from the roadside.

It should be noted that a temporary patio previously operated in this location under a Temporary Expanded Service Area approval issued by the LDRB in 2021. This temporary authorization was granted to assist in offsetting lost revenues resulting from the pandemic.

The proposed site plan has been provided to demonstrate the intended seating arrangement and occupancy load. It can be seen as Figure 2 below and is also attached to this report.

Both the Bylaw and Fire Departments have been consulted regarding the proposed change to the area of operation and have indicted that they have no concerns.

The Bylaw Department further noted that when a temporary patio operated at this location in 2021, no complaints were received related to its use.

Given that both the Bylaw Department and Fire Department have expressed no concerns, and that this application seeks to amend an existing licence already in use, Council may find it appropriate to opt out of the public notification process in this instance and provide no commentary to the LCRB with respect to the proposed change.

Alternatively, should Council wish to undertake public notification, they may choose to do so following a process similar to a Development Variance Permit, as has been done for past liquor licence applications where the City opted in to the notification process. Notification using a Development Variance Permit–style process would require mail-outs to all property owners and occupants within a 30-meter radius of the subject property.

STRATEGIC PLAN ALIGNMENT

The proposed application aligns with Section 3: Economic Development of Council’s Strategic Plan.

FINANCIAL IMPLICATIONS

Additional policing and enforcement costs are anticipated to be minimal, as the use is already operating and has not historically generated concerns.

LEGAL IMPLICATIONS

The authority to issue or amend liquor licence rests solely with the provincial regulatory authority. While the LCRB does refer applications to local governments for input, the City does not have the authority to approve or deny the licence. As such, there are no legal implications associated with this application.

OPTIONS

Option 1

THAT the Community Advisory Committee recommend that Council direct staff to inform the Liquor and Cannabis Regulation Branch that the City of Langford will opt out of the public notification for the application to extend the area of operation for an existing Liquor Primary Licence for The Loghouse Pub located at 2323 Millstream Road.

OR Option 2

THAT the Community Advisory Committee Recommend that Council direct staff to inform the Liquor and Cannabis Regulation Branch that the City of Langford will conduct public notification and direct Staff to notify all property owners and occupants within a 30-meter radius of The Loghouse Pub located at 2323 Millstream Road.

SUBMITTED BY

Anastasiya Mysak, Planner I

Concurrence

• Leah Stohmann, RPP, MCIP, Director of Community Planning and Development
• Melisa Miles, Manager of Legislative Services
• Donna Petrie, Senior Manager of Communications & Economic Development
• Yari Nielsen, Director of Parks, Recreation and Facilities
• Katelyn Balzer, P.Eng., Director of Engineering and Public Works
• Michael Dillabaugh, CPA, CA, Director of Finance
• Marie Watmough, Director of Legislative & Protective Services
• Braden Hutchins, Deputy Chief Administrative Officer
• Darren Kiedyk, Chief Administrative Officer

Attachments

• Proposed Site Plan