TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: March 11, 2024 Report No. DEV-24-016
TO: Committee of the Whole
FROM: Mikaila Montgomery, Planner and Bill Brown, Director of Development Services
SUBJECT: Liquor Licence Application - 505 Park Place
RECOMMENDATION:
Recommendation
That the Committee of the Whole recommends that Council provide comment to the Liquor Control and Licensing Branch (LCRB) regarding the application for a Liquor Primary Licence at #101-505 Park Place (Saxe Point Public House).
Body
EXECUTIVE SUMMARY:
The owner of Saxe Point Public House has applied for a Liquor Primary License with Family Food Services (FFS) to the Liquor and Cannabis Regulation Branch (LCRB) at #101-505 Park Place. Saxe Point Public House will provide a variety of food, drink, and entertainment. A licensed outdoor patio is also proposed.
The proposed hours of operation are Sunday-Thursday from 9:00 am - 11:00 pm and Friday - Saturday from 9:00 am - midnight. The Family Food Service endorsement would allow minors accompanied by a guardian until 10:00 pm. The patio will also close at 10:00 pm.
The proposed occupancy is 110 indoors and 50 on the patio.
For more information, please see the applicant’s letter of intent [Appendix A].
BACKGROUND:
Local Governments Role in Providing Comments on Liquor License Applications
Local governments and First Nations (LG/FN) are often in the best position to consider the effects of liquor licensing on the community. Therefore, legislation provides for LG/FN involvement in the application process for certain licence applications and amendments, including Liquor Primaries. The legislation requires Liquor Primary applicants to notify the local government of an application, and the local government has the option of providing input or opting out.
If an LG/FN wants to provide comments and recommendations on an application, they must consider:
• the location of the proposed establishment, event site, or service area;
• the person capacity; and
• the hours of liquor service.
If an LG/FN wants to provide comments and recommendations on an application, they must comment, in writing, on:
• the impact of noise on the community in the immediate vicinity of the establishment or event site (in the case of a temporary use area application) or service area (in the case of a manufacturer lounge or special event area); and
• the general impact on the community if the application is approved.
Recommendations to the Branch must include whether the application should be approved or rejected and must include the reasons on which those recommendations are based. If an application will affect nearby residents, local governments must also:
• comment on the views of local residents; and
• provide a description of the method used to gather those views. The Branch can only consider LG/FN input if the LG/FN has completed both:
o Part 1: a public input process (unless there are no nearby residents who may be affected) and
o Part 2: provided comments to the Branch.
Local Governments Role in Approving Patios
In determining whether to designate the outdoor patio of a liquor primary establishment or a manufacturer lounge or special event area as an area of the establishment in which liquor will be consumed, the factors considered will include comments and/or recommendations made by a local government or First Nation regarding the following:
• The impacts of noise on the community in the immediate vicinity of the establishment.
• The general impact on the community. Additional factors that may be considered in the public interest include: Whether the licensee can maintain effective management and control of the outdoor patio area; Whether the size and location of the outdoor patio negatively impacts surrounding residents and businesses; and; Other factors that may be relevant in the public interest.
Chronology:
• January 10, 2024 - Application received
• January 10-February 12 - Circulation to other departments
Referral Comments:
Community Safety Services:
In favor of the liquor license, however, noise complaints are anticipated from the adjacent neighbours. Recommend patio closure at 10 pm to be consistent with noise bylaw (original request was for 11 pm).
Police:
I am familiar with the newly developed area and understand that the pub will be in very close proximity to residential condominiums of the same building. My concern is in relation to the open patio location and potential impacts on noise complaints from the neighbors. Based on the location and intended use of live music and daily intended use, I would recommend condensing the daily patio hours to be no later than 10 pm. I would also recommend that the owner provide a written acknowledgement of this establishment’s business plan, and noise management plan to the strata council of the property to ensure all parties are in a good neighborhood agreement. VicPD is not opposed to the approval of the Liquor Primary application for the Saxe Point Pub, based on the considerations mentioned above.
Fire:
No issue with the occupancy as presented.
ANALYSIS:
Zoning Analysis:
The parcel is zoned Comprehensive Development District No. 99 which permits restaurant and licensed liquor establishment uses.
Patio:
Staff confirm that the applicant has agreed to close the patio by 10 pm to respect Bylaw No. 2826 Section 33. The applicant has applied for year-round endorsement, however the use of the patio will be weather dependent. The applicant has provided the terms of use for the patio located in the square [Appendix E].
OPTIONS:
1. That the Committee of the Whole recommends that Council provides comments on the application (including hours, capacity and location) and a recommendation to the Liquor Control and Licensing Branch regarding the application for a Liquor Primary License at 101-505 Park Place.
2. That the Committee of the Whole recommends Council opt out of providing comments and a recommendation to the LCRB.
COUNCIL PRIORITY:
Diversified and Thriving Economy
Good Governance and Organizational Excellence
FINANCIAL IMPACT:
There are no costs or resources associated with this report.
COMMUNICATIONS/ENGAGEMENT:
Notice of this application, including the operating hours and opportunities for input, was provided through a sign posted at the site location and through a mailout notice to neighbours within 100m (February 26th, 2024) as per Esquimalt’s Liquor Licensing Policy No PLAN-37. See Appendix B for the notices.
TIMELINES & NEXT STEPS:
The recommendation given by the Committee of the Whole will be forwarded to the next regular meeting of Council for consideration of ratification. Corporate Services will communicate Council’s decision to the LCRB. The LCRB will then decide whether to approve and issue the licence or deny the application.
REPORT REVIEWED BY:
1. Bill Brown, Director of Development Services
2. Ian Irvine, Director of Finance, Reviewed
3. Deb Hopkins, Director of Corporate Services, Reviewed
4. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
1. Appendix A: Letter of Intent
2. Appendix B: Liquor License notices
3. Appendix C: Floor Plan
4. Appendix D: Stamped occupancy
5. Appendix E: Patio terms of use
6. Appendix F: Staff Presentation
7. Appendix G: Liquor Licensing Policy No. PLAN-37