Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

Chief License Inspector

SUBJECT:

965 Granville Street: Luv-A-Fair Restaurants Inc.

Class `C' Cabaret and Class `D' Neighbourhood Pub and

919 Granville Street: 600428 B.C. Ltd., Class `C' Cabaret

 

RECOMMENDATION

CITY MANAGER'S COMMENTS

The City Manager supports the above RECOMMENDATIONS but notes that one or both of these applications could come back for consideration if either of the other cabaret applications on the 900 block of Granville Street does not proceed under the current time limited endorsement.

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

On June 19, 1997, Council approved the Theatre Row Liquor Licensing Policy as follows:

On December 11, 1997, Council approved amendments to the Theatre Row Liquor Licensing Policy as follows:

On September 14, 2000, Council further recommended that:

SUMMARY

For purposes of clarity, fairness and simplicity, staff has combined two separate requests for new liquor licensed establishments on the 900 block Granville Street into a single report to Council. The applications are by separate applicants for different locations, but each have implications for the other, and for existing Council policy for Theatre Row and the 900 block of Granville Street in particular.

For reasons of Council policy, over concentration of seats in the 900 block of Granville Street and issues specific to each application, staff is recommending that the applications not be supported by Council.

Staff acknowledges each application has its own merits and feels that with some modifications they could be considered at more suitable location in the city.

PURPOSE

Luv-A-Fair Restaurants Inc. and 600428 B.C. Ltd., are requesting separate Council resolutions endorsing their applications to relocate existing cabarets to the 900 block of Granville Street.

BACKGROUND

Between 1993 and 1996, Council appointed a task force to review the issues and opportunities related to liquor licensing in the downtown. One of the initiatives' Council approved were ways to encourage the relocation of existing cabarets from residential to commercial areas.

The subject premises are located in the Downtown (DD Zoning District). Within the survey area are retail, residential, office, cabaret, restaurant, arcade, hotel, social housing and theatre uses (Appendix A and B, 965 & 919 Granville Street respectively).

The closest provincial government liquor store is located at 1120 Alberni Street. Also within a 1000 foot radius of the site are five Class `A' Pubs (1084 seats), eight Class `A' Lounges (961 seats, including the 325 seats in the Law Courts Inn), eight Class `C' Cabarets (2,661 seats which includes the 900 seat Commodore Cabaret and the 260 seats in two cabarets that has either partial or full endorsement), five Class `D' Neighbourhood Pubs (325 seats, which includes the four neighbourhood pubs that have either partial or full endorsements of their applications) and approximately 20 licensed restaurants.

965 Granville Street/Luv-a-Fair Cabaret:

The Luv-A-Fair Cabaret has been located at 1275 Seymour Street since 1976. The proposal is to relocate the existing cabaret liquor license to 965 Granville Street, which is presently the site of the Caprice Theatre. The applicant is the owner of the building at 1275 Seymour Street, and it is anticipated this site will be redeveloped to accommodate residential units, in keeping with Council's intention for the Downtown South neighbourhood.

The existing Luv-A-Fair Cabaret has 192 seats (fire capacity is 356 patrons) and the applicant proposes to increase the liquor license seating capacity to 220. The application also includes a 65-seat with 20-seat patio Class `D' Neighbourhood Pub and any remaining space would be used to accommodate a Restaurant Class-1.

The cabaret would be located at the rear of the building and be accessed by a long internalized hallway which could also act as an area to accommodate parts of a lineup. The pub and restaurant would provide the street scape onto Granville Street, with the restaurant providing food service for the cabaret and pub. The design of the building incorporates separate washrooms for the pub and the cabaret area.

The proposed hours of operation for the cabaret are 7:00 p.m. to 2:00 a.m., seven days a week and for the pub 11:00 a.m. to 12:00 midnight, seven days a week. However, it should be noted that a city policy has not yet been developed for later Sunday closing times and, therefore, the city will continue to limit Sunday closings to midnight. It should also be noted that staff will support 1:00 a.m. closings times on Friday and Saturday for neighbourhood pubs.

919 Granville Street/Pony's Cabaret:

919 Granville Street is presently the Paradise Theatre. The applicants propose to relocate the existing 125-seat Class `C' Cabaret liquor license from Pony's Cabaret at 313 Carrall Street. The applicant also wishes to increase the liquor license seating capacity by 100, making a total of 225 seats, which is under the maximum allowed by the Liquor Control and Licensing Branch for a Class `C' Cabaret.

The cabaret would operate between 7:00 p.m. and 2:00 a.m. Monday to Saturday and 7:00 p.m. and 12:00 midnight on Sunday. However, it should be noted that with recent changes to provincial liquor licensing policies, the applicant also requests that the cabaret remain open until 2:00 a.m. seven days a week. Staff is not prepared to comment or support later permanent Sunday closing at this time, as this will be the subject of a separate policy report. The applicant intends to open a martini bar type facility with entertainment provided by live musical acts and disk jockey.

It is anticipated that lineups outside the premises would only appear for short periods of time when specialized events or acts are presented, and staff would be assigned to maintain control. Security staff will receive full training from the Justice Institute of B.C. and video surveillance equipment will be placed throughout the interior and exterior. The applicant intends to become a participating member of Barwatch.

The applicant has submitted two major application revisions since the original. The original application was for a 350-seat cabaret in two adjacent buildings and the proposal was to interconnect the main floor spaces of each building. Staff indicated to the applicant that they could not support such a large cabaret, even if a portion of the seats were being relocated from the Downtown Eastside.

It was strongly recommended to the applicant that consideration be given to revising the application to a level which staff could at least put forward for consideration. Staff also explained that an update report and policy report would be required before this application could be submitted to Council. In hindsight, it would have likely been extremely difficult for the original proposal to receive all the required permit approvals.

Subsequently, the applicant submitted a revised application for a 170-seat cabaret to be located at 921 Granville Street, which was one of the buildings from the original application. This revision was more palatable, but the Granville Street Entertainment District update report still had not been presented to Council for its decision. The update report was presented and passed by Council on September 14, 2000.

Sometime during the period between mid September and the end of November, the applicant lost the option to lease the space at 921 Granville Street. As a result, in the first week of December, staff received a second revised application requesting a 225-seat cabaret to be located in the building next door at 919 Granville Street (the Paradise Theatre). The second revision is included as part of the subject of this report. The proposed cabaret would occupy the entire building, with staff facilities, storage and administrative office space occupying only a small portion of the floor area at 919 Granville Street.

DISCUSSION

Policy Issues:

On September 14, 2000, Council reaffirmed the December 1997 amended distribution for the 900 block Granville Street at three neighbourhood pubs and two cabarets in addition to the existing cabaret on the block. Approval of any new licensed establishment on the 900 block over that distribution would first require an amendment of existing Council policy.

Furthermore, should both applications for 965 Granville (285 seats) and 919 Granville (225 seats) be approved as proposed, it would result in 1,240 seats on the 900 block and a potential 1,370 new seats in the Theatre Row/Granville Street Entertainment District. This would result in approval of 370 seats over the original policy of allowing only 1,000 new seats spread over the 700 to 900 three blocks area. The policing strategy would be exceeded by approximately 300 to 400 seats on the 900 block.

If these applications are approved, this would result in nearly 2,480 seats within roughly one block, (from approximately mid block 800 Granville to approximately mid block 900 Granville). The only licensed establishment which falls outside this range is the 65-seat neighbourhood pub at 800 Granville (Robson and Granville). This would result in a density well beyond what was originally envisaged. Staff feels it would be imprudent to increase the density of both seats and establishments without first having some of the initial applications for the 900 block operational for a reasonable amount of time, such as one year at least.

The potential benefit of the proposed cabaret relocations for each application is acknowledged. However, staff does not feel the potential benefits outweigh the potential serious problems resulting from an over concentration of seats in the 900 block of Granville. It is felt that the existing policy for liquor license establishment distribution and the total number of new seats should remain unchanged at this time. It is conceivable that at some future time, staff may support a change in the existing Theatre Row Policy.

Potential problems from over concentration of seats are essentially policing and neighbourhood impact issues. Typically these issues are noise complaints due to loud music and/or people yelling, urinating in a public place, litter and an increased possibility of brawls. It also becomes increasingly difficult for a limited number of police officers to effectively deal with these problems.

965 Granville Street: (Luv-A-Fair Relocation)

The proposed relocation of the Luv-A-Fair Cabaret met the original seat relocation policy for the Granville Street/Theatre Row Entertainment district, prior to the policy amendments approved by Council on September 14, 2000. It is unfortunate that the application to relocate this cabaret was not submitted during the original proposal call for the Entertainment District as it would have received strong consideration and support from staff at that time.

However, this did not occur and Council supported other applications on the 900 block Granville. The other applicants (900, 950 and 952 respectively) must be given the opportunity first to proceed toward completion. Council amended the endorsement for these applications to include a time limit by which certain conditions must be completed. Should these conditions not be met by those dates, then Council could inform the Liquor Control and Licensing Branch that it no longer supports these applications. At that point, staff would be in a position to seriously consider other applications, such as this, for the 900 block Granville.

The applicant is requesting 285 liquor license seats (65 in a neighbourhood pub and 220 in a cabaret), and restaurant seating in the proposed new location. The existing Luv-a-Fair Cabaret has a liquor license capacity of 192 seats. Therefore, the applicant is seeking a net increase of 93 liquor license seats. Aside from the significant policy and seat concentration issues regarding this application, staff will not support the size of a net increase in liquor license seats.

The primary rationale for supporting a cabaret/bar relocation is the benefit derived by removing a traditionally incompatible use from a residential area. These benefits include reduced impact on the surrounding residential community and the theoretical reduction on Police, Permits and Licenses and Health Department staff resources. This benefit is reducedif the new operation is increased in size to the point that it will continue to require staff resources even though the business is located in a more suitable area. Ideally, staff would prefer to see a net reduction in liquor license seats as the result of a cabaret/bar relocation. It is felt this expectation can be justified because the City is providing the operators of existing venues an opportunity to continue their business within the City. Without municipal approval to relocate the business, it is likely it will cease to exist once the property is redeveloped.

The applicant contends that, given the pending provincial liquor license regulation changes regarding seating capacities, roughly a one-to-one trade is being proposed. That is, the proposed provincial changes could result in an additional 96 seats in the cabaret at the present Seymour Street location. However, it is noted that this increase is not assured and that a Council resolution would be required to amend the liquor license. Initial staff assessment of the proposed provincial changes concludes that there may be significant portions of the downtown peninsula that will be designated as non-seating expansions areas. The existing location of the Luv-A-Fair Cabaret at 1275 Seymour Street is in a residential area and may not be eligible for the seating capacity increase. However, staff notes there will be an extensive public review process before a report on the expansion of seating capacity issue is brought before Council.

Furthermore, given the pending provincial liquor regulation changes governing restaurant operations, the applicant has provided no comment on the operation of the restaurant, other than to state that the kitchen would provide food service to the cabaret and neighbourhood pub. The applicant has not indicated if the restaurant will be liquor licensed or if it will have "designated food option seats" (i.e.similar to bar seats). The details of how the restaurant will operate are necessary to help develop a clearer picture regarding the potential impacts of the proposed cabaret.

Staff has concerns regarding how the applicant proposes to control operational issues around the interaction of the three uses, Class `C' Cabaret, Class `D' Neighbourhood Pub and Restaurant-Class 1, and in particular the different closing times for each use and subsequent crowd control.

It is acknowledged that it would be beneficial to relocate this cabaret to a more appropriate area of the city. However, it is felt that at this time, a location other than the 900 block Granville would be more appropriate. Staff suggests, with modification, the application could be considered in the 700 block or perhaps within the Central Business District, which is currently under separate liquor policy review.

919 Granville Street

For reasons similar to those explained above for the application at 965 Granville, staff cannot support this application. Briefly, issues for the request are (i) the applicant is requesting 100 seats more than the existing license and (ii) the license is being relocated from the Downtown Eastside. The difference with this application is that there will only be one primary use (Class `C' Cabaret) of the building and this should not create the operational problems of a multi use facility noted previously. However, the single cabaret use does create a different problem. Present Liquor Control and Licensing Branch regulations do not permit daytime use for cabarets. Thus, the building would be closed during the day and, therefore, would not comply with the Central Area Planning Guidelines requiring daytime pedestrian oriented uses for Granville Mall.

The applicant has not provided within the proposed development a means of addressing the daytime activity issue. Again, aside from Council policy implications, there are significant problems with the application which outweigh the potential benefits of relocating the liquor license.

Once again, staff does acknowledge that the proposal has merits, but the relocation would be more appropriate somewhere other than the 900 block Granville.

RESULTS OF NOTIFICATION

A neighbourhood notification was conducted and 935 notices were delivered on Thursday December 7, 2000 for each applicant (refer to Appendix A and B). Four responses in favour, one opposed and one with specific concerns but no opinion were received for the Luv-A-Fair Cabaret application. No responses were received for the 919 Granville application .

COMMENTS

965 Granville Street

The Police Department advises that the application is good with respect to a desire to move the Luv-A-Fair out of the residential area and perhaps an added benefit is that it would be out of the immediate vicinity of Covenant House. The applicant has indicated a desire to support the policy set in the Theatre Row Entertainment District report. The Red Door has been closed in favour of the Plaza and the Palladium will close soon.

The conditions for cabarets in the Entertainment District were that they are small (130 seats) and that the economic viabilities be enhanced with accompanying pub and restaurant businesses. In addition, it was anticipated that the licenses would be spread out over the 700,800 and 900 blocks of Granville Street. The Department's assessment is that, with the exception of the Lennox, all of the new seats have now accumulated within a 150-meter stretch of Granville from roughly mid 900 block to the final third of the 800 block. This density is already more than anticipated. Nevertheless police would probably support an application for 130 seats in the 900 block on the west side, in conjunction with a pub and restaurant license.

This proposal calls for a cabaret in excess of 200 seats in exchange for the Luv-A-Fair. Police do not support this in the 900 block given the concerns over the concentration of seats and establishments in this block, but would support a 200-seat cabaret in the 700 block.

The Planning Department has reviewed the application and notes that the site is located within the Downtown (DD) Zoning district (Sub-Area `K-1') and the Theatre Row Entertainment District (Granville Street). Records indicate that this existing building contains retail and theatre uses.

"Cabaret" and "Neighbourhood Public House" are "conditional" approval uses under the DD Official Development Plan (ODP). Any proposal to change the use to provide a "Cabaret" and "Neighbourhood Public House" would require a development application.

As part of the review process, staff would include an assessment of the anticipated impact on neighbouring sites. As well, an application of this type would be reviewed in accordance with the provisions of all relevant by-laws, including the Parking By-law, and would also include the following guidelines: Cabaret and Restaurant Guidelines adopted by City Council on August 9 and October 4, 1988; Liquor Licensing Policies and Procedures adopted by City Council on August 9, 1988.

It should be noted that the majority of the 900 block of Seymour Street is zoned CD-1, which allows for residential uses.

Central Area Planning does not support the application as it does not adhere to Council policy. That is, the application exceeds the number of seats and the approved distribution of liquor licensed establishments for the block.

The Vancouver/Richmond Health Board is opposed to the relocation due to noise complaints. From past experiences, many complaints regarding patrons leaving the premise at 1275 Seymour Street have been received. Across from 965 Granville Street, there is an empty lot with a residential building behind it.

The Social Planning Department and Housing Centre do not support the application as it is contrary to existing Council policy for the Entertainment District, which was based on an overall vision for the district, including policing and enforcement strategies. Staff does support the objective of moving licensed premises from Downtown South residential areas. However, staff does not support revising Council policy to allow an increase in the number of licensed establishments in the 900 block or an increase in the total number of seats in this block. Approved seating is within the original police limit of 700 to 900 seats per block.

COMMENTS

919 Granville Street

The Police Department does not support the application at this time. The allotment for licenses in the 900 block is at capacity. Two large clubs have opened on the 800 block Granville and there is also a new club under construction at the corner of Granville and Robson Streets.

It is believed there is a need to see what impact the new licenses, approved or in the process of being approved for the 900 block Granville, will have on police resources. There have already been incidents within the clubs in the 800 block.

The Planning Department notes that the site is located within the Downtown (DD) Zoning District (Sub-Area `K1') and the Theatre Row Entertainment District (Granville Street). Records indicated that the existing building at 919 Granville Street is currently approved as theatre. The application proposes to change the existing theatre at 919 Granville Street to provide a cabaret.

("Cabaret" is a "conditional" use under the DD Official Development Plan (ODP). Any proposal to change the use to provide a "Cabaret" would require a development application. As part of the review process, staff would include an assessment of the anticipated impact on neighbouring sites. As well, an application of this type would be reviewed in accordance with the provisions of all relevant by-laws, the Cabaret and Restaurant Guidelines adopted by City Council on August 9 and October 4, 1988, and the Liquor Licensing Policies and Procedures adopted by City council on October 16 and November 6, 1990.

It should be noted that the majority of the 900 block of Seymour Street is zoned CD-1, which allows for residential uses.

The Vancouver/Richmond Health Board has no objection. Renovation of the site should meet the stated objective and be done in full compliance with the Noise Bylaw.

The Social Planning Department and Housing Centre do not support the application as it is contrary to existing Council policy for the Entertainment District, which was based on an overall vision for the district, including policing and enforcement strategies. Staff does support the objective of moving licensed premises from Downtown South residential areas. However, staff does not support revising Council policy to allow an increase in the number of licensed establishments in the 900 block or an increase in the total number of seats in this block. Approved seating is within the original police limit of 700 to 900 seats per block.

CONCLUSION

Staff does not support these applications because of conflicts with existing Council policy for the Theatre Row Entertainment District. Staff feels that at this time it is too soon to modify Council policy for the entire district that would result in an increased concentration of seats and establishments. The previous conditionally endorsed applications should be permitted to either fulfill the conditions of their approval, or have the applications abandoned by either non compliance with the conditions by the specified time or the applicant chooses not to proceed with the application.

Staff feels that with modifications, each application could be considered at a location other than the 900 block of Granville Street. Staff suggests that one of the applications could be considered on the 700 block Granville and that both applications could be considered within the core area of the Central Business District. However, staff reiterates its position that these applications should not be endorsed for the proposed 900 block of Granville Street locations.

ATTACHMENTS THAT DO NOT HAVE ELECTRONIC COPY ARE AVAILABLE ON FILE IN THE CITY CLERK'S OFFICE

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