NOTICE OF PUBLIC HEARING March 27, PROPOSED AMENDMENT TO LIQUOR LICENCE FOR Russell Avenue (LL ) White Rock Beach Beer Company

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1 NOTICE OF PUBLIC HEARING March 27, 2017 PROPOSED AMENDMENT TO LIQUOR LICENCE FOR Russell Avenue (LL ) White Rock Beach Beer Company

2 Documents: Author Document Item # Acting Director of Planning and Corporate Report dated March 6, 2017, Regular R 1 Development Services Council Meeting Provided by Applicant Floor Plan dated March 29, 2016 R 2 Clerks Office Minute Extract: March 6, 2017 Regular Meeting R 3 Written Submissions: Author Date Received Status Item # None to date. Last revised: 15 March 2017

3 THE CORPORATION OF THE CITY OF WHITE ROCK CORPORATE REPORT DATE: March 6, 2017 TO: FROM: Mayor and Council Greg St. Louis, Acting Director of Planning and Development Services SUBJECT: Application for a Brewery Lounge Endorsement for the Brewery License at Russell Avenue (LL ) RECOMMENDATIONS THAT Council: 1. Receive for information the corporate report dated March 6, 2017, from the Acting Director of Planning and Development Services, titled Application for a Brewery Lounge Endorsement for the Brewery Licence at Russell Avenue (LL ); 2. Authorize staff to schedule the required public hearing for the proposed changes to the brewery license at Russell Avenue; and 3. Authorize staff, pending the results of the public hearing, to forward a copy of the March 6, 2017 report and the results of the public hearing to the Liquor Control and Licensing Branch along with a resolution to advise that Council has considered the potential impact for noise and the impact on the community, and is in support of the approval of the Brewery Lounge Endorsement for the Brewery License at Russell Avenue (LL ). EXECUTIVE SUMMARY The City of White Rock has received an application for a brewery lounge endorsement for the licenced manufacturer ( White Rock Beach Beer Company Inc. ) located at Russell Avenue. The current brewery license has an on-site store endorsement, which permits retail sales and a tasting room area. The proposed lounge area would overlap with the retail sales/tasting area, which is located in the commercial space at Russell Avenue. Both addresses listed above, Russell Avenue and Russell Avenue, are business addresses; the civic address of the parent property is 1513 Johnston Road. The requested brewery lounge endorsement will allow the licensed brewery to sell and serve any kind of liquor (up to 20 percent of products may be manufactured off site) for consumption on site in the approved lounge area, which would overlap with the retail sales/tasting area. The proposed occupant load for the brewery lounge is thirty (30) persons. The proposed hours of operation for the lounge area are included in Appendix B. Staff support the application as it is consistent with the Economic Development goals of the White Rock Official Community Plan, 2008, No. 1837, is being proposed by a business that has contributed to the vibrancy of the community, and will further improve entertainment

4 Page No. 2 opportunities in the Town Centre area. Location and ortho photo maps are included as Appendix A. The LCLB Application Referral and the Applicant s Letter of Intent is included as Appendix B. PAST PRACTICE / POLICY / LEGISLATION Liquor licences are regulated by the Province through the BC Liquor Control and Licensing Branch (LCLB). The City s role is therefore to respond to the LCLB in support of or in opposition to the proposed Brewery Lounge Endorsement. Section 71 of the Liquor Control and Licensing Regulation requires that any request for a lounge endorsement for a manufacturer license requires a resolution from Council for the community where the licensed establishment is located. The purpose of the resolution is to provide comment on the application, and must address the following: (a) The location of the lounge, (b) The person capacity and hours of the establishment, (c) The impact of noise on nearby residents, (d) The impact on the community if the application is approved, (e) The views of residents and a description of the method used to gather views, and (f) The recommendations of the relevant local government, including whether or not the application be approved, and the reasons on which these recommendations are based on. The City of White Rock Planning Procedures Bylaw, 2009, No (the Procedures Bylaw ) requires that input from the community be obtained by public notification only for minor changes to existing liquor licences. However, as the applicant is additionally requesting for an increase in occupancy (the existing brewery license does not have a set occupancy), the Procedures Bylaw requires that input from the community be obtained by a Public Hearing hosted by Council. As per the Procedures Bylaw, the public hearing will be advertised in two consecutive issues of the Peace Arch News and a notice explaining the application will be mailed to all property owners within 100 metres of the subject property. All written comments received prior to the public hearing will be considered by Council in their final decision to support or oppose the application. ANALYSIS Surrounding Area The White Rock Beach Beer Company is located near the northwest corner of Johnston Road and Russell Avenue. This area, as part of the Town Centre and the Johnston Road commercial corridor, includes a mixture of residential and commercial uses, with a number of stores, shops, offices, and apartments within two blocks of the subject property. The Proposal The applicant intends to amend the existing brewery license for the establishment located at Russell Avenue (1513 Johnston Road) to include the addition of a brewery lounge endorsement. This endorsement will allow the licensed brewery to sell and serve any kind of liquor for consumption on site in the approved lounge area, provided that the cost of liquor products other than those manufactured on site does not exceed 20% of the total cost of products for sale in the lounge area in any given quarter.

5 Page No. 3 The proposed lounge area would overlap with the retail sales/tasting area located at Russell Avenue, which is adjacent to the principal manufacturing site located at Russell Avenue. The proposed occupant load for the brewery lounge is 30 persons. The existing brewery does not have a set occupancy. The applicant is requesting to set the following hours of operation for the lounge: Table One: Proposed Hours of Operation for Lounge Monday Tuesday Wednesday Thursday Friday Saturday Sunday Open 12:00 pm 12:00 pm 12:00 pm 12:00 pm 12:00 pm 12:00 pm 12:00 pm Closed 8:00 pm 8:00 pm 8:00 pm 8:00 pm 11:00 pm 11:00 pm 8:00 pm As the current hours permitted for the on-site store/tasting area are from 9:00 a.m. to 11:00 p.m. on all days of the week, no increases to the hours of operation are proposed. No other endorsements are proposed for the brewery licence. Internal Circulation In addition to the RCMP, the application was circulated to the Building, Engineering, Operations, Fire, and Parking Departments for review and comments. The Building Department noted that the present space was constructed as a Small Occupant Load Assembly Occupancy under the most recent building permit. No changes or permits would be required to accommodate the proposed occupant load of 30 persons. The Engineering Department noted that there would likely be parking impacts generated by the proposed changes in use and hours of operation. No other issues were identified. Staff Comments Staff have reviewed the referral in relation to the requirements of the Liquor Control and Licensing Branch, and note the following for Council s consideration: (a) The location of the establishment: The location of the brewery lounge is in a retail space (15183 Russell Avenue) adjacent to the primary manufacturing facility (15181 Russell Avenue), and overlaps with the existing retail sales/tasting room area. The establishment is located in the Town Centre, which is a commercial area with access to taxi cabs and public transit as an alternative to drinking and driving. The establishment is also located within walking distance of many medium-to-high density residential complexes. (b) The person capacity and hours of liquor service of the establishment: The Building Department noted that the proposed occupancy of the brewery lounge of 30 persons appropriate for the proposed lounge area. The proposed hours of operation for the brewery lounge do not constitute an increase to the hours of liquor service currently permitted for the tasting room use, and are also considered to be appropriate. (c) The impact of noise on nearby residents: Bylaw Enforcement has not received any noise complaints from the licensed manufacturer. If staff is authorized to schedule a public hearing, Council will have the opportunity to receive further feedback from the public on this topic. (d) The impact on the community if the application is approved: There is no reason to believe that permitting a brewery lounge endorsement would lead the establishment to operate in a manner contrary to their primary purpose. The Engineering Department

6 Page No. 4 noted that there would likely be some parking impacts generated by the proposed change in use and hours of operation. Beyond a potential increase in vehicular parking demand, no significant impacts on the surrounding community are anticipated. The proposal is supported by the Economic Development objectives and policies outlined in the White Rock Official Community Plan. The proposed lounge area would further support the Town Centre as a vibrant commercial/entertainment area, provide a leisuresupportive space for the community, and encourage pedestrian-friendly entertainment within walking distance of medium-to-high residential development. (e) The views of residents and a description of the method used to gather views: Eighteen (18) letters of support have been provided by the applicant. These letters are attached as Appendix C. Further input from the community will be required from a public hearing hosted by Council. The public hearing will be advertised in two consecutive issues of the Peace Arch News and a notice explaining the application will be mailed to all property owners within 100 metres of the subject property. If staff is authorized to schedule a public hearing, Council will have the opportunity to receive feedback from the public. The earliest a public hearing could be scheduled is March 27, 2017 due to advertising and notification requirements. OPTIONS The following options are available for Council s consideration: 1. Consider the application for a brewery lounge endorsement for the existing brewery licence at Russell Avenue, and authorize staff to schedule a public hearing. 2. Consider the application for a brewery lounge endorsement for the existing brewery licence at Russell Avenue, and authorize staff to opt-out of providing input into the liquor licensing process for this application, leaving the required public consultation process to the LCLB. 3. Defer consideration pending further information to be identified. Staff recommend Option 1, which is incorporated in the recommendations of this corporate report. CONCLUSION Innovative businesses, such as licenced manufacturers that include lounge areas for patrons, are an important part of a vibrant and livable Town Centre area that is centrally located, within walking distance to higher population densities, and has access to alternative modes of transportation (e.g. public transit, taxis, etc.). Staff support the proposal as it is consistent with the Economic Development goals of the OCP, and is being proposed by a business that has contributed to the community over the past year. Public correspondence received by staff regarding the application is supportive of the proposed

7 Page No. 5 brewery lounge. Beyond a potential increase in vehicular parking demand, no significant impacts on the surrounding community are anticipated. Respectfully submitted, Greg St. Louis, P. Eng. Acting Director of Planning and Development Services Comments from the Chief Administrative Officer: I concur with the recommendations of this corporate report. Dan Bottrill Chief Administrative Officer Appendix A: Location and Ortho Photo Maps Appendix B: LCLB Application Referral and Applicant s Letter of Intent Appendix C: Public Correspondence

8 Application for a Brewery Lounge Endorsement for the Brewery Licence at Russell Avenue (LL ) Page No. 6 APPENDIX A Location and Ortho-Photo Maps

9 Page No. 7 Appendix B LCLB Application Referral and Applicant s Letter of Intent

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16 Page No. 14 APPENDIX C Public Correspondence

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29 MINUTE EXTRACT FROM MARCH 6, 2017 REGULAR COUNCIL MEETING: 5.2 CORPORATE REPORTS APPLICATION FOR A BREWERY LOUNGE ENDORSEMENT FOR THE BREWERY LICENSE AT RUSSELL AVENUE (LL ) Corporate report dated March 6, 2017 from the Acting Director of Planning and Development Services titled Application for a Brewery Lounge Endorsement for the Brewery Licence at Russell Avenue (LL ). The applicant has applied for a brewery lounge endorsement for the licenced manufacturer ( White Rock Beach Beer Company Inc. ) located at Russell Avenue. The City of White Rock Planning Procedures Bylaw, 2009, No (Procedures Bylaw) requires that input from the community be obtained by public notification only for minor changes to existing liquor licences. However, as the applicant is additionally requesting for an increase in occupancy (the existing brewery license does not have a set occupancy), the Procedures Bylaw requires that input from the community be obtained by a Public Hearing hosted by Council It was MOVED and SECONDED THAT Council: 1. Receives for information the corporate report dated March 6, 2017, from the Acting Director of Planning and Development Services, titled Application for a Brewery Lounge Endorsement for the Brewery Licence at Russell Avenue (LL ); 2. Authorizes staff to schedule the required public hearing for the proposed changes to the brewery license at Russell Avenue; and 3. Authorizes staff, pending the results of the public hearing, to forward a copy of the March 6, 2017 report and the results of the public hearing to the Liquor Control and Licensing Branch along with a resolution to advise that Council has considered the potential impact for noise and the impact on the community, and is in support of the approval of the Brewery Lounge Endorsement for the Brewery License at Russell Avenue (LL ). CARRIED