APPLICATION TO AMEND LIQUOR LICENCE AT VIEW ROYAL CASINO 1708 Island Highway

TOWN OF VIEW ROYAL COUNCIL REPORT

TO: Mayor & Council DATE: April 26, 2017 FROM: Jeff Chow, MCIP, RPP, Senior Planner MEETING DATE: May 2, 2017 FILE NO.: 4320-50

APPLICATION TO AMEND LIQUOR LICENCE AT VIEW ROYAL CASINO 1708 Island Highway

RECOMMENDATION:

THAT the Liquor Control and Licensing Branch’s request for a resolution commenting on the application for a structural change the liquor licence at the View Royal Casino – 1708 Island Highway be declined.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS:

I concur with the recommendation.

PURPOSE OF REPORT:

The purpose of this report is to consider providing commenting on and collecting public opinions for an application for a structural change to the liquor license for the View Royal Casino to reflect the expansion that is underway.

BACKGROUND:

Development Permit 2016/10 was approved on September 16, 2016 for a major expansion of the existing casino. The permit allowed the expansion of the gaming floor and the addition of a space for an entertainment venue, new restaurant, additional gaming tables, and the use of the lot across Wilfert Road for surface parking.

Prior Liquor Licensing History

The Comprehensive Development (Casino): CD-6 zone was amended in 2008 to permit “premises licensed under the Liquor Control and Licensing Act” as a permitted use. The casino’s liquor license was also amended from a food primary license to a liquor primary license. The subject property was then rezoned to Comprehensive Development (Casino): CD 6 Subzone ‘A’ on April 15, 2014 and the liquor license was amended in accordance with changing liquor licensing regulations to expand the person capacity of the licensed area from 122 to 1152 within the building plus 430 on an outdoor patio. There were no physical alterations to the building and no proposed change to the hours of sale. The Town did not provide comment on this last application.

PROPOSAL:

The applicant seeks Liquor Control and Licensing Branch approval for the structural changes that Council has approved in Development Permit 2016/10. Compliance with Building Code requirements for occupant load and exiting has been confirmed by a Building Code professional as shown in Attachment 4. Other license details are summarized in Attachment 3 and in the table below:

ANALYSIS:

A structural change to a liquor license is required for Liquor Control and Licensing Branch changes to a building with a liquor license. The process allows an opportunity for Council to respond to the application.

The key issues include the following:

1. How to respond to the application
2. Policy implications

1. Response to application

Council may respond to the application by: a. providing no comment or recommendation on the application; or b. collecting the views of residents and making a resolution with comments and recommendations on the application.

A. Providing no comment or recommendation on the application

The Liquor Control and Licensing Act would allow the Liquor Control and Licensing Branch to collect the view of residents at the applicant’s expense.

B. Collecting the views of residents and making a resolution with comments and recommendations on the application

If Council wishes to provide comment, the following items must be considered: a. The potential for noise b. The impact on the community c. If nearby residents may be affected, the views of the residents must be gathered and the following must be provided: i. The views of the residents (includes business owners) ii. The method used to gather the views of the residents iii. Council comments and recommendations respecting the views of the residents d. Council resolution recommending whether the application should be approved

Staff would prepare a report on the potential for noise and impact on the community for Council’s consideration. Notification of a Council meeting would be made to residents (which includes business owners) to gather their views. It should be noted that there is no bylaw or administrative policy for a set notification area. Since the initial consideration of the primary liquor was conducted as part of a rezoning, a 400 m notification radius could be considered.

Following the Council meeting, the comments from residents would be passed on to Liquor Control and Licensing Branch along with Council consideration of those comments and a formal resolution.

2. Policy Implications

There is no Town bylaw or policy obliging the Town to comment on every liquor licence application. It is staff’s opinion that providing no comment in this case would not preclude the option to provide comment on future applications.

ALTERNATIVE RECOMMENDATION:

THAT a resolution on the application to amend the liquor licence at the View Royal Casino – 1708 Island Highway be provided to the Liquor Control and Licensing Branch in accordance with the requirements of Liquor Control and Licensing Act and the Liquor Control and Licensing Regulation;

AND THAT the views of residents and business owners within 400m of the parcel be gathered.

RECOMMENDATION:

THAT the Liquor Control and Licensing Branch’s request for a resolution commenting on the application to amend the liquor licence at the View Royal Casino – 1708 Island Highway be declined.

SUBMITTED BY: Jeff Chow, MCIP, RPP, Senior Planner

REVIEWED BY: Lindsay Chase, MCIP, RPP, Director of Development Services