ADMINISTRATIVE REPORT

Date: February 21, 2000
Author/Local: Guy Gusdal/6461
RTS No. 1149
CC File No. 2614-6
P&E Date: March 16, 2000

TO:	Standing Committing on Planning & Environment
FROM:	Chief License Inspector
SUBJECT:	870 Granville Street - Commodore Cabaret Class ‘C’ Cabaret/Restaurant Class 2 - Increase in Seating Capacity

RECOMMENDATION

THAT Council advise the Liquor Control and Licensing Branch it does not endorse the request by 530077 B.C. Ltd., for an increase in seating capacity from 900 to 990 in the dual Class ‘C’ Cabaret/Restaurant Class 2 at the Commodore Cabaret, 870 Granville Street.

GENERAL MANAGER’S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

A Council policy of using the response to a neighbourhood notification as an alternative to a formal referendum was adopted because of the extensive public process for the Theatre Row/Granville Street Entertainment District.

PURPOSE

530077 B.C. Ltd., doing business as the Commodore Cabaret, is requesting a Council resolution endorsing its request to increase the seating capacity from 900 to 990 in the Commodore Cabaret, 870 Granville Street.

BACKGROUND

The Commodore Cabaret recently reopened upon the completion of extensive renovations. The premises have a rare dual liquor license for a Class ‘C’ Cabaret and Restaurant-Class 2. The present seating capacity is 900 and the proposal is to increase this to the maximum fire occupant load of 990.

Liquor Control and Licensing Branch policy limits patron capacity to a minimum of 100 and a maximum of 350, but the General Manager may approve a capacity over 350. Patron capacity is based on a minimum of 12 square feet per person and a maximum of 20 square feet per person of public space, as approved by the Provincial Fire Commissioner. Public space includes all areas accessible to the public, such as dance floors, but excludes hallways, kitchens and the liquor service bar. The Liquor Control and Licensing Branch will consider requests to permanently increase patron capacity upon written approval of local government.
The Commodore operates under the Restaurant-Class 2 license between 12:00 noon and 7:00 p.m. and the Class ‘C’ Cabaret between 7:00 p.m. and 2:00 a.m. Monday to Saturday and 7:00 p.m. to 12:00 midnight on Sunday.

Another application from the Commodore for a 65-seat Class ‘D’ Neighbourhood Pub on the main floor with operating hours of Monday through Thursday 10:00 a.m. to 12:00 midnight, Friday and Saturday 11:00 a.m. to 1:00 a.m., and Sunday 11:00 a.m. to 12:00 midnight was endorsed by Council on December 16, 1999. This premise is presently closed pending approval of the liquor license by the Liquor Control & Licensing Branch.

Within the 1000 feet survey area is a mixture of retail, residential, office, cabaret, restaurant, billiard hall, hotel, social housing and theatre uses (Appendix A).

Included in the survey area are three Class ‘A’ Pubs (669 seats), three Class ‘D’ Neighbourhood Pubs (195 seats - not yet in operation), seven Class ‘A’ Lounges (647 seats), 10 Class ‘C’ Cabarets (2,471 seats plus the Commodore 900 seats) and approximately 27 licensed restaurants. The closest provincial government liquor store is located at 1120 Alberni Street.

Located on the 800 block of Granville is the Commodore Cabaret (900 seats), Commodore Neighbourhood Pub (65 seats), O’Kool’s Neighbourhood Pub (65 seats) and the Plaza Cabaret (275 seats), for a total of 1305 seats in this block.

DISCUSSION

Staff does not support the increase in seating capacity for this venue for a number of reasons. First, it does not result of the relocation of seats from nearby residential areas. There are currently two other cabarets approved in principle, subject to the relocation of seats. It would be unfair to allow the Commodore increase without making similar concessions with the other two cabarets.

Second, this application may set a precedent for other licensed establishments that wish to apply for increases, prior to finalization of the proposed provincial regulation changes. Many other cabarets, Class ‘A’ Pubs/Lounges and Class ‘D’ Neighbourhood Pubs are anticipating approval for an increase in seating up to the fire capacity. Staff, along with UBCM and the Liquor Control & Licensing Branch, are currently working out a process for evaluating the anticipated applications.

In addition, staff recently has been presented with the argument that establishments need a fire capacity in excess of their liquor license capacity to allow for employees and performers to work in the club, particularly when it is operating at the liquor license capacity. Staff generally agrees with this position, but recognizes that this issue requires further discussion. Furthermore, within large establishments it may be desirable to maintain a slight difference between the liquor license and fire capacity, thereby providing some room for error between the actual count and the liquor license capacity. Staff recognizes that patron capacity often exceeds the Liquor Control & Licensing Branch license capacity for a variety of reasons which create specific problems, but serious life safety problems would not occur until the fire capacity was exceeded.

COMMENTS

The Police Department is opposed to the increase to the fire capacity on the basis that it will set a precedent for all cabarets to want similar increases. This application comes at a time when the issue is under active discussion at the provincial level, and until some direction is received, it is suggested this application be deferred.

The Planning Department has reviewed the application and notes that this site is located within the Downtown (DD) Zoning District (Sub-Area ‘K1') and the Theatre Row Entertainment District (Granville Street). The existing building is listed as an “A” building on the Vancouver Heritage Register. The building contains approved uses which include bowling alley, arcade, retail, restaurant and cabaret.

In accordance with the Cabaret and Restaurant Guidelines adopted by City Council on August 9 and October 4, 1998, any increase in seating capacity of existing cabarets is discouraged where they are adjacent to residential uses, except for the Theatre Row Entertainment District. Where an existing cabaret is not close to, and has no impact on anyresidential use, both physical expansion and increase in seating capacity (from 225 to 350 seats) may be approved, provided that the building meets all by-law requirements. The normal development permit process would apply, where necessary.

The application requests an increase of the seating capacity from 900 to 990, which does not comply with the Cabaret and Restaurant Guidelines. However, under the Liquor Licensing Policies and Procedure, for sites located within the Theatre Row Entertainment District, allowance should be made in principle for a combined total of up to 1,000 Class ‘A’ (Hotel Pub or Lounge), Class ‘C’ (Cabaret) and Class ‘D’ (Neighbourhood Pub) liquor licensed seats on Theatre Row, consistent with the Theatre Row Policing Strategy.

In addition, with respect to existing Class ‘C’ Cabaret licensed establishments seeking extended hours or increased seating, Council approved a policy on July 29, 1999, where the applicant is to execute a legal agreement, to the satisfaction of the Director of Legal Services and the Chief License Inspector, whereby the applicant agrees to deal with any problems caused by the extended hours or increased seating capacity, to the satisfaction of the Chief License Inspector.

The Vancouver/Richmond Health Board advises that the facility has adequate washrooms for the increase in seating capacity. However, there is a shortfall in the required floor area for the kitchen as per Section 3.14 of the Health By-law, but it has been assessed that since this does not pose a health risk, the existing kitchen size is acceptable. There are no other concerns.

The Social Planning Department reports that as long as the total number of seats for the 800 and 900 blocks of Granville Street does not exceed the capacity outlined in the overall Theatre Row/Granville Street Entertainment District report, it has no additional concerns.
The Housing Centre has no comment.

CONCLUSION
Staff and Council have been very supportive of the reopening of the Commodore Cabaret, including the recent endorsement of the attached neighbourhood pub. Staff does not support this application because it is contrary to existing Council policy for relocation of seats, it may set a precedent for other establishments to apply before the proposed provincial changes are finalized, and the facility is already at 900 seats. In addition, the existing difference helps to ensure the fire capacity is not exceeded and, therefore, does not compromise the safety of the club’s patrons and employees in the event of an emergency.

NOTE FROM CLERK: Appendix A is not available in electronic form - on file in the City Clerk's Office.

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(c) 1998 City of Vancouver