REQUEST FOR DECISION Application for a Permanent Change to a Liquor Licence. Royal Canadian Legion

 In Bylaws

Date: February 11, 2022
Meeting Date: February 22, 2022

TO:

Mayor and Council

FROM:

Rory Hromadnik, Director of Development Services

SUBJECT:

Royal Canadian Legion Branch 71 – Application for Liquor Primary Licence Amendment to add a new outdoor Patio

RECOMMENDATIONS:

BE IT RESOLVED THAT Council receives notice of Royal Canadian Legion Branch 71’s application to BC Liquor and Cannabis Licencing (BC-LCL) for an amendment to their existing Liquor Primary Licence to add a new outdoor Patio Service area at 525 – 13th Street.
AND THAT Council chooses to “opt in” to the BC-LCL public consultation process.
AND FURTHER THAT Council directs staff to initiate a public consultation process to gather the views of potentially affected residents

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS: The District’s CAO supports these recommendations.

 

 PURPOSE: 

 To seek Council’s consideration of a proposal from the BC Royal Canadian Legion Branch 71 to amend the existing Liquor Primary Licence to add a new outdoor patio service area located at 525 – 13th Street, Invermere, BC. 

COUNCIL STRATEGIC PRIORITIES ALIGNMENT: Not Applicable 

 BACKGROUND and COMMENTS: 

 If the application is approved, it would add the current outdoor patio area authorized under a Temporary Expanded Seating Area (TESA) as a permanent service area under the Royal Canadian Legion Branch 71’s existing Liquor Primary licence. The proposal does not affect the capacity or type of licence. 

Council has the option of “opting in” or “opting out” of the public consultation process required by BC Liquor and Cannabis Licencing (BC-LCL). Opting out would transfer the engagement and decision responsibility to BC-LCL. The recommendation being proposed is to “opt in” and have District staff conduct the engagement process. 

Should Council’s decision be to “opt-in”, the proposed engagement process would include: 

  • A 20-day timeline for input. 
  • Notification of property owners within 100m of Royal Canadian Legion Branch 71. 
  • Posting of the proposed amendment details on site at 525-13th Street. 
  • Posting of the proposed amendment details on the District’s website. 

The input will be gathered by staff and presented to Council for consideration respecting the patio licencing application request. BC-LCL will be notified of Council’s decision to support or not support the proposed licence amendment. 

The proposed recommendations, if approved, would support including the current outdoor patio area, currently authorized by BC Liquor and Cannabis Licencing under a Temporary Expanded Seating Area (TESA), as a new permanent service area defined within the R.C.L. Branch 71’s Liquor Primary licence. 

Illustration Showing the Outdoor Patio Area in Plan View: 

 

Photograph showing a Street View of the Proposed Patio Area in front of the Royal Canadian Legion building in Invermere, BC. 

 

The terms of the Licence Amendment which would include for the new outdoor patio area proposed are: 

  • There will be no additional occupancy requested, simply outdoor seating within the licence occupancy that exists. 
  • Hours for the outdoor area will be within the current hours of operation for the Legion. The current licence has an 11:00 am to 12:00am service window. Actual hours are typically much shorter and within this licence window. The Applicant and Legion Finance Officer – Ken Carlow has suggested the actual deck hours of operation are to be afternoon / early evening. 
  • The patio area will be fully barricaded. There will be one entrance / exit to this area. The entrance to this area will be from the current licenced area to ensure that at no point will servers or guests be outside the liquor licenced areas. 

FINANCIAL: 

There are no fees associated with liquor licence applications. Advertising and notification costs will be billed to the applicant. 

POLICY:

There is no policy directly related to Patio / Licenced Service area expansion within the Imagine Invermere Official Community Plan (OCP). However, the application is consistent with Council’s policy supporting measures to improve and support economic resiliency, specifically: 

OCP Section 2.7 Economic Development Policies;

“The tourism sector is most vibrant during the summer and, to a lesser extent, winter seasons. Businesses can struggle during the fall and spring shoulder seasons, or in years where visitor numbers are lower and/or visitors have less disposable income to spend.

These types of potential vulnerabilities within Invermere’s primary economies, and the resulting impact on resident and business retention, have highlighted the importance of planning for greater economic growth and diversification. Economic resiliency is a key priority for the District.”

ORGANIZATIONAL IMPLICATIONS: 

The public consultation process including preparing mail out letters, gathering and summarizing public input, and reporting findings to Council for final decision is expected to require about 5-7 hours of staff time. 

ALTERNATIVES: 

  1. Council could choose to refuse to provide comment on the application (i.e., “opt-out”) and transfer the public consultation responsibility to BC Liquor and Cannabis Licencing. 
  2. Council could decide to refer the proposed recommendation to the Committee of the Whole for more detailed consideration. 

SUMMARY & CONCLUSIONS: 

Staff recommends that Council “opt-in” to the BCL consultation requirements and direct staff to initiate a public consultation process regarding the application for a new outdoor patio addition to the Liquor Primary Licence held by the Royal Canadian Legion Branch 71 at 525 – 13th Street. 

Prepared by:

Rory Hromadnik
Director of Development Services 

Acknowledgement: This report was prepared with input from Andrew Young, MCIP, RPP, Chief Administrative Officer 

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