Brewery wants to stay out of city's battle with the port authority

The city and Hamilton Port Authority (HPA) are at odds over red tape around a new lakefront brewery. But the owner of the project says he just wants to stay out of it.

John Romano, co-founder of Nickel Brook Brewery, is opening a craft brewery touted as a tourism and economic boon for the city. He says his company is caught in the middle of a bureaucratic fight — whether the authority needs a building permit for work that's already been done. And he doesn't want to be. 

"I don't want to get in the middle," he said. "They've both been great to us. They're both talking. They both want us to open properly. They're all working together to resolve these issues."

"My conversations with them have been nothing but positive. I see nothing to be concerned about at this point."

There's nothing that tells me I should be worried yet.- John Romero, Nickel Brook Brewery

The building permit issue raised the ire of city councillors at a meeting on Wednesday. The authority should have applied for a building permit for the brewery, much as it's done in 140 other cases since 1997, city staff said. But it doesn't think it needs one, and the two sides are at an impasse.

In fact, HPA applied for a permit in that exact location — 201 Burlington St. E. — in February to demolish a building, said Ed VanderWindt, chief building official.

"Building Inspection staff have been regularly attending the site and while they have noted the demolition process, they have not identified anything that suggests that there was work occurring inside the building," he said in an email to council on Thursday.

It's the latest in a handful of disagreements chipping away at the relationship between the city and HPA. The HPA is "thumbing its nose" at city rules, said Coun. Chad Collins of Ward 5. Council has invited the HPA to a future meeting to talk about why.

HPA is giving Wednesday's developments "careful consideration," said spokesperson Larissa Fenn in an email. She did not answer why this case was being treated differently than others.

"HPA views its relationship with the city as a very positive and productive one, and we'll continue to work together as we always do, to solve problems and move Hamilton's economy forward."

Romano wants to stay out of all of that. HPA is his landlord, and he needs a licensing letter from the city to open the retail portion of his new brewery. He aims to start brewing in May and open the retail outlet in early July. So he wants to stay friendly with both.

"I've gotten calls from city council," he said. "I've gotten calls from our own councillor and the port. There's nothing that tells me I should be worried yet."

Coun. Jason Farr of Ward 2 isn't worried yet either. He brought a motion forward on Wednesday for council to issue the license. But that's when council learned of the building permit issue. Council gave conditional approval for the licensing.

Having a brewery back in Hamilton is good for the city.- Coun. Jason Farr

The brewery is important for Hamilton, he said.

"Everyone I talk to in the north end is really looking forward to this facility, and having a brewery back in Hamilton is good for the city." 

It's not the first time the city and HPA have butted heads over the last 20 years. There have been multi-million-dollar lawsuits and disagreements over the authority leasing land to industry on Hamilton's waterfront.

Relationship has 'morphed,' councillor says

"We've had a good relationship with the port authority over the years," Collins said.

He wants the authority to come explain how that relationship has "morphed into where they're thumbing their nose at the provincial and municipal approval process."

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The brewery isn't the only outstanding issue. HPA is also poised to lease land on Pier 15 for a gasification plant, which would see Port Fuels and Materials Services Inc. create energy from industrial waste. The city has concerns but has little say. 

The authority will also likely purchase former U.S. Steel lands, Collins said. If the authority thinks it doesn't need approvals when it leases the land, there are deep implications.

'Now is not the time'

"Now is not the time to have an unproductive relationship with our core partners."

The city has pulled out 162 examples since 1997 of the authority applying for permits to show that it's necessary. Forty applications are outstanding.