Professional Documents
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SP 5-Duke of Wellington Liquor Primary
SP 5-Duke of Wellington Liquor Primary
PROPOSAL:
Request for Council endorsement (to the
Liquor Control and Licensing Branch) to
relocate the Duke of Wellington Liquor
Primary and Licensee Retail Store from
19640 – 64 Avenue and 19689
Willowbrook Drive to 100 – 19665
Willowbrook Drive.
RECOMMENDATION SUMMARY:
That Council consider the request to
endorse the Duke of Wellington Liquor
Primary and Licensee Retail Store
relocation application and authorize staff to
schedule a “Liquor Primary Endorsement
Hearing” in accordance with Council’s
Liquor Licence Endorsement Policy.
RATIONALE:
Council’s consideration of the Liquor
Primary and Licensee Retail Store
endorsement request is required in
accordance with Council’s Liquor Licence
Endorsement Policy and Provincial Liquor
Control and Licensing Branch regulations.
LIQUOR PRIMARY ENDORSEMENT APPLICATION NO. 000010
(DUKE OF WELLINGTON)
Page 2 . . .
RECOMMENDATIONS:
That Council consider the endorsement request to relocate the Duke of Wellington Liquor
Primary and Licensee Retail Store to 100 – 19665 Willowbrook Drive; and further
That Council authorize staff to schedule a “Liquor Licence Endorsement Hearing” in accordance
with Council’s Liquor Licence Endorsement Policy, providing Council with public input into the
Duke of Wellington Liquor Primary and Licensee Retail Store endorsement request.
EXECUTIVE SUMMARY:
Delbin Holdings Ltd has made application to Council to endorse the proposed relocation of the
Duke of Wellington Liquor Primary and Licensee Retail Store to 100 – 19665 Willowbrook Drive.
Although the issuance of Liquor Licences is a Provincial jurisdiction, the Provincial Liquor
Control and Licensing Branch provides Council with the opportunity to “endorse” or “not
endorse” Liquor Primary applications. Council (through its Liquor Licence Endorsement Policy)
has chosen to participate in the endorsement process as it pertains to the relocation of Liquor
Primary and Licensee Retail Stores. Accordingly, Council may proceed to consider the request
by authorizing staff to schedule an “Endorsement Hearing” providing public input into the
endorsement request. Following the “Endorsement Hearing,” Council has the option of
endorsing the application as submitted; endorsing the application subject to conditions; or not
endorsing the application. Final jurisdiction for issuance of the Liquor Primary and Licensee
Retail Store licences, however, rests with the Provincial Liquor Control and Licensing Branch.
PURPOSE:
The purpose of this report is to provide Council with information and recommendations with
respect to the endorsement request to relocate the Duke of Wellington Liquor Primary and
Licensee Retail Store to 100 – 19665 Willowbrook Drive.
LIQUOR PRIMARY ENDORSEMENT APPLICATION NO. 000010
(DUKE OF WELLINGTON)
Page 3 . . .
PROPOSED RELOCATION
Existing
Liquor
Primary
Existing
Licensee
Retail Store
Proposed
relocated
Liquor
Primary &
Licensee
Retail Store
LIQUOR PRIMARY ENDORSEMENT APPLICATION NO. 000010
(DUKE OF WELLINGTON)
Page 5 . . .
(6)
Liquor Licensee
Primary Retail Store
LIQUOR PRIMARY ENDORSEMENT APPLICATION NO. 000010
(DUKE OF WELLINGTON)
Page 7 . . .
ADDITIONAL INFORMATION:
Owner 615809 BC Ltd
Ralph Berezan
210 – 19988 84 Avenue
Langley, BC V2Y 3C2
BACKGROUND:
The subject site is designated “Regional Commercial” in the Willowbrook Community Plan and
is governed by Land Use Contract 74 which designates the lands Service Commercial.
On June 14, 2004, Council adopted a Liquor Licence Endorsement Policy (Attachment B) and
amended Zoning Bylaw No. 2500 liquor related definitions to be consistent with Provincial
Liquor Control and Licensing Branch regulations. The subject Duke of Wellington Liquor
Primary and Licensee Retail Store relocation endorsement request is being considered
pursuant to this policy. The policy requires Council to hold a “Liquor Primary Endorsement
Hearing” prior to it considering endorsement (to the Liquor Control and Licensing Branch) of the
request to relocate the Liquor Primary and Licensee Retail Store.
DISCUSSION / ANALYSIS:
Delbin Holdings Ltd has made application to Council for endorsement of the request to relocate
the Duke of Wellington Liquor Primary and Licensee Retail Store to 100 – 19665 Willowbrook
Drive (the unit of the multi-tenant commercial building formerly occupied by the BC Liquor
Store). The Duke of Wellington Liquor Primary is currently located at 19640 – 64 Avenue
(approximately 200 metres from the proposed location) and the Licensee Retail Store is
currently located at 19689 – Willowbrook Drive (approximately 150 metres from the proposed
location).
LIQUOR PRIMARY ENDORSEMENT APPLICATION NO. 000010
(DUKE OF WELLINGTON)
Page 8 . . .
The relocated Duke of Wellington Liquor Primary will consist of a 24 person capacity boutique
style wine bar (resulting in a reduced patron capacity from its current 98 patron capacity). No
outside patio area and no entertainment is proposed. The Liquor Primary also proposes to
reduce its hours of operation from 10:00 / 11:00 a.m. opening and 12:00 / 1:00 a.m. closing
times to 3:00 p.m. opening and 10:00 p.m. closing. These hours are within Council’s policy of a
1:00 a.m. closing time for a Liquor Primary (without specific Council endorsement).
The relocated Licensee Retail Store is to be located immediately adjacent to the Liquor Primary.
The total floor area of the establishments will be 695 m2 (7,485 ft2) in size, which includes office,
storage and cooler areas. Hours of operation of the Licensee Retail Store will be limited to 9:00
a.m. opening and 11:00 p.m. closing times. These hours are within Council’s policy of an 11:00
p.m. closing time for a Licensee Retail Store.
Adjacent Uses:
Surrounding land uses include:
North: 196 Street, beyond which is Willowbrook Lanes and a vacant lot governed by
Land Use Contract 74;
South: A multi-tenant commercial building governed by Land Use Contract 74;
East: Willowbrook Drive, beyond which is Willowbrook Mall governed by Land Use
Contract 74; and,
West: A single family subdivision located in the City of Surrey.
Schools, churches, and neighbourhood parks located within one half kilometre radius of the
proposed site (Attachment A) as follows:
d) the number and market focus or clientele of liquor primary licence establishments within a
reasonable distance of the proposed location;
e) traffic, noise, parking and zoning;
f) population, population density and population trends;
g) relevant socio-economic information;
h) the impact on the community if the application is approved.
The Provincial Liquor Control and Licensing Branch application is attached to this report
(Attachment C).
In response to the above criteria, the proponent has provided a letter of intent (originally
submitted to the Liquor Control and Licensing Branch) which provides more detailed information
with respect to the proposal as follows:
a) Target Market
b) Hospitality/Tourism Development Factor
c) Benefits to the Community
d) Social Facilities and Public Buildings
e) Traffic
f) Noise in the Community
g) Parking
h) Commercial/Residential/Light or Heavy Industrial Neighbourhoods
i) Other Licensed establishments
j) Natural or manmade barriers
k) Other factors
The subject property is governed by Land Use Contract 74 which permits licensed
establishments and retail sales. Staff note that Land Use Contract 74 also governs the lands
where both the existing Liquor Primary and the Licensee Retail Store are currently located.
Parking also complies with the requirements of Land Use Contract 74; 87 spaces are available
for the entire multi-tenant commercial building (26 required for the Liquor Primary and Licensee
Retail Store).
As indicated on Attachment A, the subject site is located within one half kilometre of one (1)
church and three (3) neighbourhood parks, all located within the City of Surrey. Despite this,
staff support the proposal and recommend that Council consider the proposed relocation on a
site specific basis (as permitted by Council’s policy) as follows:
1. The proposed Liquor Primary and Licensee Retail Store are located within the Willowbrook
Regional Town Centre where uses of this nature are encouraged to locate (Liquor Licence
Endorsement Policy Section 4.9.2);
2. The proposed Liquor Primary and Licensee Retail Store are located in Land Use Contract 74
which allows the proposed uses;
3. The proposed Liquor Primary and Licensee Retail Store comply with all other requirements of
Land Use Contract 74, including parking;
4. The proposed Liquor Primary and Licensee Retail Store comply with Council’s policy with
respect to hours of operation; and
5. The site is the former location of the BC Liquor Store.
The subject property also directly abuts single family residential uses, located immediately west
of the subject property in the City of Surrey. Although no changes are proposed to the subject
property, a fence and a large cedar hedge planted along the western property line separate the
single family residential uses from existing commercial uses. The existing fence and cedar
hedge, in staff’s opinion, continue to provide a sufficient buffer from the single family residential
uses, specifically given the proposed capacity of the Liquor Primary (24 persons), the hours of
operation, the absence of an outdoor patio, and the historical use of the site as a BC Liquor
retail store.
The request to relocate the Duke of Wellington Liquor Primary and Licensee Retail Store
complies with all other locational criteria contained in Council’s Liquor Licence Endorsement
Policy.
RCMP Comments:
The application was referred to the Langley RCMP detachment for comment. The only
comment resulting from the RCMP review pertained to the interior configuration of the
establishment and will be addressed by the Permit, Licence and Inspections Department at the
time of Building Permit.
LIQUOR PRIMARY ENDORSEMENT APPLICATION NO. 000010
(DUKE OF WELLINGTON)
Page 11 . . .
POLICY CONSIDERATIONS:
Although the issuance of Liquor Licences is a Provincial jurisdiction, the Provincial Liquor
Control and Licensing Branch provides Council with the opportunity to “endorse” or “not
endorse” Liquor Primary applications. Council (through the Liquor Licence Endorsement Policy)
has chosen to participate in the endorsement process as it pertains to the relocation of Liquor
Primary and Licensee Retail Stores.
Following the “Endorsement Hearing,” Council has the option of endorsing the application as
submitted; endorsing the application subject to conditions; or not endorsing the application. To
be consistent with Liquor Control and Licensing Branch requirements a resolution similar to the
following will need to be adopted.
In accordance with Liquor Control and Licensing Branch requirements, it is recommended that
Council adopt the following resolution:
Council may of course add to or expand upon the items referenced in the resolution, however,
according to the Liquor Control and Licensing Branch all items in the resolution must be
referenced.
Respectfully submitted,
Patrick Ward
DEVELOPMENT PLANNER
for
COMMUNITY DEVELOPMENT DIVISION
PJW/pjw
ATTACHMENT A
Proposed
Neighbour- relocated
hood Park Liquor
79C (City Primary &
of Surrey) Licensee
Retail Store
Tot-Lot 79A
(City of
Surrey)
Brooks
Crescent
Park (City
of Surrey)
Christ for
the Nations
Church Langley
(City of Meadows
Surrey) Elementary
School and
Park
Neighbour-
hood Park
79C (City
of Surrey)
POLICY MANUAL
1. Purpose
1.1. An updated Liquor Licence Endorsement Policy defining Council’s involvement
in providing endorsement/non-endorsement recommendations to the Provincial
Liquor Control and Licensing Branch.
2. Background
2.1. To implement changes emanating from revised Provincial Liquor Licence
policies.
3. Related Policy
3.1. Zoning Bylaw No. 2500 and Business Licence Bylaw 4050.
4. Policy
4.1 That until further notice Council continue to be consulted by the Provincial Liquor
Control and Licence Branch with respect to the endorsement of:
4.1.1 new, relocated or increased patron capacity Liquor Primary and Winery
Licences.
4.1.2 Liquor Primary, Winery and Food Primary Licences requesting liquor service
later than 1:00 a.m.
4.1.3 Licensee Retail stores when not located within a Liquor Primary or Winery
establishment, or not located on the same lot as a Liquor Primary or Winery
establishment.
4.1.4 exotic entertainment requests regulated by Township Bylaw 4050 as amended
(exotic entertainment).
f:\data\wpread\policy\07-615.doc
Liquor Licence Endorsement Policy
Page 2
4.2 That until further notice Council continue to “opt out” of the Food Primary licence
endorsement process as it applies to:
4.3 That until further notice Council “opt out” of the Winery licence endorsement process as
it applies to:
4.4 That until further notice Council authorize staff to respond directly to the Provincial
Liquor Control & Licensing Branch (when requested by the Liquor Control & Licensing
Branch) with respect to compliance/non-compliance of “opted out” requests as they
pertain to Township bylaws and Council policies.
4.5 That applications to Council for consideration of liquor licence endorsement requests
include the following information:
4.5.1 a letter from the Provincial Liquor Control & Licensing Branch formally
requesting Council’s consideration of the liquor licence endorsement request.
4.5.2 a fully completed application form, fee and state of title in accordance with
Council’s Development Application Form and Fee Bylaw.
4.5.3 a plan of existing and proposed building floor space including outside patio(s),
existing and proposed number of seats, occupant load, size and location of
licensee retail store (if applied for).
4.5.4 a site plan indicating the location and size of all buildings on the lot, patio areas,
parking spaces, landscaping, buffering, entrance doorways, loading space,
garbage containers, driveway aisles and access points.
4.5.5 existing and/or proposed entertainment type.
4.5.6 existing and/or proposed hours of liquor service.
4.5.7 location and details of proposed licensee retail store.
4.5.8 a rationale or explanation by the proponent of the character of the proposed
establishment and the market area and population it is intended to serve.
4.5.9 other details of the proposed establishment as may be required by Council to
facilitate its review.
4.6 That all new, relocated or increased patron capacity “Liquor Primary”, “Winery” or
“Licensee Retail Store” endorsement requests, and all liquor service requests beyond
1:00 a.m., be referred to the RCMP, Fire Department, Engineering, Permits, Licences
and Inspection Services Departments and relevant outside agencies for review and
recommendation, prior to being submitted to Council.
Liquor Licence Endorsement Policy
Page 3
4.7 That Council’s review process for consideration of new, relocated or increased
patron capacity “Liquor Primary”, “Winery” or “Licensee Retail Store”
endorsements include a “public consultation process”, either in conjunction with an
accompanying rezoning, development permit or development variance permit
application, or, if a rezoning/development permit/development variance permit is
not required, in accordance with the rezoning “public process” which includes
individual hearing notice mail outs, newspaper notice and a “Liquor Endorsement
Hearing” (where affected persons may express their views to Council).
4.8 That Council confirm that Bylaw No. 4050 as amended prohibiting exotic performer
entertainment in the Township applies to all “Liquor Primary”, “Food Primary” and
“Winery” establishments, except for pre-existing exotic performer entertainment
located in hotels holding a Class A licence before October 25, 1993.
4.9 That Council adopt the following locational criteria for consideration of new or
relocated “Liquor Primary” or “Licensee Retail Store” endorsement requests :
4.10 That Council require that all new, relocated or increased patron capacity liquor
establishments also comply with:
4.10.1 Township Building and Fire Codes (including Langley Building Bylaw No.
4055 as amended)
4.10.2 Township Zoning Bylaw requirements including siting, parking, loading,
landscaping and screening (Bylaw No. 2500 as amended)
4.10.3 Access, servicing and other requirements of the Subdivision and Development
Control Bylaw No. 3335 and Policy, as well as Traffic Bylaw 3500 as amended;
4.10.5 The Township’s Noise Control Bylaw (Bylaw 2573 as amended)
4.10.6 The Township’s Business Licence Bylaw (Bylaw 4050 as amended)
4.10.7 The Township’s Exterior Lighting Impact Policy and Tree Protection Policy.
4.10.8 Crime Prevention Through Environmental Design (CPTED) criteria
4.10.9 Other requirements that may be established by Council as a condition of either
a rezoning, a development permit, development variance permit, a building
permit, or as a condition of Council’s endorsement of the application to the
Liquor Control and Licensing Branch
4.10.10 Requirements and conditions imposed by the Provincial Liquor Control and
Licensing Branch, pursuant to the Liquor Control and Licensing Act and
Regulations.
ATTACHMENT C
ATTACHMENT D