Nelson City Councillors have rejected a proposal for a cannabis consumption patio on Hendryx Street.
The proposed patio would have been located at Yaherb, at 512 Hendryx Street.
Owner Brenton Raby had hoped to secure a temporary use permit to operate such a patio on the ground and basement levels of the building and to allow cannabis retailer advertising for up to three years as a pilot project.
It would have been the first designated cannabis patio of its kind in B.C., although there is a similar site that opened in Penticton; however, it is located within a cannabis dispensary.
Councillors ultimately voted against the application during the May 6 council meeting, primarily due to its location in the downtown core, particularly after receiving letters from the community expressing concerns about the smell.
“I’m not opposed to this in principle. There are many great locations in this city. I don’t think this is a good location. I think the evidence is the number of emails we had from neighbours and residents in the area,” said Councillor Rik Logtenberg.
“I think smoking cannabis is quite different from even smoking cigarettes. The smell is so strong, and many people, especially those in the neighbourhood, have a right to clean air—it’s the same as with sound and other things.”
Meanwhile, Councillor Kate Tait and Mayor Janice Morrison shared concerns about Nelson being the first municipality in B.C. to grant such an application.
“I love that Nelson is first in so many things, but I don’t want to be first in building these best practices. I don’t think that’s a place or a risk I want to take at this time, particularly with our really delicate downtown, which has had a couple of really tough summers in a row,” said Tait.
Mayor Morrison echoed Tait’s comments, saying she’s “uncomfortable being the provincial regulator” in terms of interpreting the ambiguity of federal, provincial, and municipal bylaws.
“One of the things that I worry about here is the potential litigation. What I’m hearing clearly is that there are all these ambiguities in bylaws – provincial ones, federal ones – and healthcare has somehow abdicated any comments about the effects of cannabis. Now, that responsibility falls to the city to be the regulator. And I’m not too sure that I want to take on that job as regulator.”
In the end, Council voted 4-3 in favour of denying the application. The applicant can reapply at a later date, after addressing some of councils concerns.
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