REQUEST FOR DECISION
DATE: March 31st, 2021 Report No. ADM-21-005
TO: Laurie Hurst, Chief Administrative Officer
FROM: Rachel Dumas, Manager of Corporate Services
SUBJECT:
Title
“Lounge Area” Liquor Licence Application - 836 Viewfield Road (Driftwood Brewing 303177)
End
RECOMMENDATION:
Recommendation
That the Township of Esquimalt does not wish to provide comments or recommendations to the Liquor and Cannabis Regulation Branch [LCLB] with regard to the application for a Lounge Area Liquor Licence Application received by Driftwood Brewery (303177), as outlined in Staff Report No. ADM-21-005.
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RELEVANT POLICY:
Council Policy No. ADMIN-53 - Amendment to Existing Liquor Licence
Fees and Charges (Miscellaneous) Bylaw, 2019, No. 2961
Local Government Act
Community Charter
Liquor Control and Licensing Act
STRATEGIC RELEVANCE:
This Request for Decision does not relate directly to any of Council’s Strategic Priorities.
BACKGROUND:
Council approved DP000143 and DVP00106 authorizing the renovations to the façade and new signage for the existing building and an increase to the permitted height for a building (or structure, the bucket loader and malt silos).
The Corporate Officer acknowledged receipt of a Lounge Area Liquor Licence Application on February 3rd, 2021, from Driftwood Brewery, from the Liquor Control and Licensing Branch [LCLB] for a proposed lounge endorsement with an occupancy load of 120 persons. The lounge can be an indoor area, with or without a patio attached to the interior lounge, or it may be a stand-alone patio located at the manufacturing site. This application is an amendment to an existing establishment - Driftwood Brewery (303177). A lounge may overlap in whole, or in part, a sampling area and/or on-site store. The proposed daily hours of operation vary with a range between 10:00 am to 9pm, seven days a week. A copy of the Application is attached [See Attachments No. 1-8].
The Province issued new Guidelines in 2012 titled “Local Government and First Nations Roles and Responsibilities in the Provincial Liquor Licensing Process: A Guide for local governments and First Nations” and a further amendment on January 23, 2017 regarding changes to the processing of applications. In accordance with the Guidelines, Local Governments may pass one of two Resolutions [See Attachment No. 10 - LCLB Guidelines]:
1. Choose to not provide input into the application - The Local Government must provide the LCLB with a Resolution according to the appropriate template. In this case, The LCLB will gather the views of residents if it is of the opinion that the application may affect them, and will consider the regulatory criteria by requesting additional information from the Local Government.
2. Choose to provide input into the application - The Local Government must gather the views of residents that may be affected and provide the LCLB with the appropriate Resolution within 90 days of receipt of the application.
The Guidelines state that if the Local Government wishes to provide input, it may use one or more of the following methods to gather public input:
• Receiving written comments in response to a public notice posted at the site and/or advertised in local newspapers;
• Conducting a public hearing; or,
• Any other similar process.
Attached is a copy of Council Policy ADMIN-53 “Amendment to Existing Liquor Licence” [See Attachment No. 11] for reference. The sample Resolution was not included in the Policy since the revised guidelines by LCLB set out the required form of Resolutions. In accordance with the Policy, staff from the Development Services Department, Fire Department and Community Safety Services Department have reviewed the application. Upon review Development Services staff noted that the lounge area would require a further variance. Driftwood Brewery submitted the required application and fees therefore, staff have no concerns with the application, pending Council approval of Development Variance Permit No.00113.
Therefore, staff recommends that Council pass a Resolution to advise the LCLB that it does not wish to provide input for this Application which will allow LCLB staff to proceed with the application process.
ISSUES:
1. Rationale for Selected Option
There are no other changes proposed, and the size of the licenced facility will remain as it currently is under the existing endorsement. A Public Notice [See Attachment No. 9] was placed on the Township Notice Board at Municipal Hall and on the Municipal website on April 1st, 2021, advising the public that this application will be presented to Council on April 12th, 2021, at no cost to the applicant. There have been no public comments received to date.
2. Organizational Implications
There are no organizational implications.
3. Financial Implications
There are no financial implications arising from the Staff Recommendation. However, if Council were to determine that it wishes to provide input into this Application, staff would proceed with the public process to gather the views of residents and the community that may be impacted. Pursuant to the Fees and Charges (Miscellaneous) Bylaw, 2019, No. 2961, the applicant would be charged the following fees:
• Application for revisions to existing licences - $300.00
• Applications that require public consultation - $175.00 additional plus cost of advertising, notices and postage
4. Sustainability & Environmental Implications
There are no sustainable or environmental implications.
5. Communication & Engagement
Should Council pass the Resolution indicating it does not wish to provide input for this Application, staff will provide a certified copy of the Resolution to LCLB in accordance with the Guidelines and a copy of this Staff Report.
If Council determines that it wishes to provide input into this Application, staff will proceed with the public process, in accordance with Council Policy No. ADMIN-53, including notification on our website, and will bring this matter back to Council for further consideration, summarizing the public comments received. A certified copy of the subsequent Resolution will be provided to LCLB.
ALTERNATIVES:
1. That the Township of Esquimalt does not wish to provide comments or recommendations to the Liquor and Cannabis Regulation Branch [LCLB] with regard to the application for a Lounge Area Liquor Licence Application received by Driftwood Brewery (303177), as outlined in Staff Report No. ADM-21-005.
2. That Council direct staff to proceed with a public process to gather the views of residents and consider regulatory criteria and provide a Report to Council summarizing the public comments received.