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City of Powell River hears LCRB referral for pub patio

Council opts out of participating in liquor and cannabis regulation branch application for expansion
NOT COMMENTING: City of Powell River councillors chose not to participate in an application to the liquor and cannabis regulation branch to allow an outdoor patio at TC’s Pub. The city’s non-participation will save the applicant $1,600.

City of Powell River Council will opt out of providing comment for a liquor and cannabis regulation branch (LCRB) application for TC’s Pub to add an outdoor patio to its existing liquor licence.

At the June 6 city council meeting, director of planning services Jason Gow said he was obtaining direction from council for a referral from the LCRB for an amendment to an existing liquor primary licence for a proposed 22-person outdoor patio at the establishment in Westview. Gow said although the authority to regulate liquor service rests with the province, the LCRB refers certain types of applications to local government for comment, if local government chooses to do so.

Gow said there is no proposed change to the occupancy load in TC’s Pub associated with the application. He said the intent is to seat fewer patrons inside while the outdoor patio is in operation.

“In terms of hours of operation, the pub is open from noon until 2 am most days,” said Gow. “The proposed patio would only be open from noon until 11 pm.”

Gow said when considering whether to opt in to comment on referrals from the LCRB, council can consider the impact of the application on the community, and adjacent neighbours, particularly with respect to potential noise, parking and vehicular traffic impacts.

“From staff’s perspective, the impact is anticipated to be negligible, given the site’s location along one of the city’s busier commercial corridors and existing activity generated by the surrounding businesses,” said Gow. “It’s worth highlighting that no concerns were raised in referrals to bylaw and emergency services.

“If council chooses to opt in to providing comment, council policy 196 provides a framework for providing public input via public notice, and a public hearing. It’s worth noting that an additional one-time cost adds $1,600 to be payable by the applicant to cover costs associated with public consultation.”

Gow said staff’s recommendation was that council opt out of providing comment to the LCRB. He said if the city does opt out of providing comment, it does not mean there will not be public consultation. It just means it is going to be led by the LCRB.

Councillor Trina Isakson asked if complaints from the public that come in, and if there are noise issues in the future, whether response would be from the bylaw team, or how would it be resolved?

Gow said initially, it would be through the bylaws team and then the city would reach out to the LCRB if there was a reason for revoking a permit.

Councillor Cindy Elliott asked if the city opted out, whether it would have to charge the $1,600 fee. She also asked if using the outdoor patio fits with the city’s noise bylaws.

Gow said if the city opted out, the applicant would not have to pay the city fee. Gow said the noise bylaw does align with similar activities in the area. He said the noise bylaw would be triggered if there was something like amplified music being played outdoors.

Elliott said in residential areas, loud noise is restricted after 8 pm, she believed. In other zones, the times are different, she said, so she was curious about what the noise bylaw for this zone is.

Gow said he did not recall a difference between zones. He said people enjoy the public realm after 8 pm and it’s not a noise bylaw complaint.

Council voted to opt out of providing comment to the LCRB regarding the patio application.

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