A decision on how late the Rockwater Grill and Bar’s rooftop patio can operate will return to Golden council after the town acknowledged some nearby residents were not properly notified about the liquor licence application.
The Rockwater is seeking changes to its liquor-primary licence, including increasing the establishment’s maximum occupancy from 356 to 400 people and moving an existing second-storey rooftop patio from the Whitetooth Bistro’s food-primary licence to the Rockwater’s liquor-primary licence.
On Aug. 18, council supported the application with a condition requiring the rooftop patio to close at 11 p.m.
Town policy typically supports an 11 p.m. closing time for patios near residential areas to limit late-night noise.
Rockwater owner Patrick Legare asked council to reconsider the restriction, initially seeking permission to operate the rooftop patio until 2 a.m.
In a letter to council, Legare said the rooftop is not a new patio and has operated as a licensed food-primary patio for many years. He also pointed to the restaurant’s lower patio, which is licensed until 2 a.m., and said there has not been a history of excessive noise or disturbances associated with the rooftop.
Legare later proposed reduced hours, with the rooftop closing at midnight Sunday through Wednesday and at 2 a.m. Thursday through Saturday.
But during its Sept. 1 meeting, the town acknowledged some nearby residents were not properly notified about the liquor licence application.
Town staff said its policy is to notify occupants within 100 metres of the property. A notice was mailed to the property owner of nearby apartment buildings, but individual occupants were not notified.
Notices, which staff said have previously been posted on apartment building doors in similar situations, were also not posted this time.
Council unanimously voted to rescind its previous decision so those residents can be notified and given an opportunity to comment before a final decision is made.
Staff said notices will now be posted at the apartment buildings before the matter returns to council.
One councillor said residents directly affected by the application should have an opportunity to speak before a decision is made.
“For me, delaying is a huge financial hit,” said Legare.
He added the liquor licence application is tied to another space he is working to open and said it was difficult to accept a delay resulting from something that was not his mistake.
Legare has also offered to consider a condition prohibiting amplified sound on the rooftop after 11 p.m.
The issue is scheduled to return to council Sept. 22.
